Karnataka High Court
Raghu Alias vs The State Of Karnataka on 3 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2025:KHC-D:11284
CRL.P No. 100498 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100498 OF 2023
(482(Cr.PC)/528(BNSS)
BETWEEN:
RAGHU @ RAGHAVENDRA
S/O. RAMACHANDRAPPA
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. 4TH WARD, TEKKALAKOTA TOWN,
DISTRICT. BALLARI.
...PETITIONER
(BY SRI SRINIVAS B. NAIK,ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
Digitally
signed by
RAKESH S
DHARWAD BENCH
RAKESH HARIHAR
Location:
THROUGH TEKKALAKOTA POLICE STATION,
S HIGH
HARIHAR COURT OF
KARNATAKA
DISTRICT. BALLARI-580011
DHARWAD
BENCH ...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS
IN C.C.NO. 1698/2021 ON THE FILE OF CIVIL JUDGE AND JMFC
COURT, SIRUGUPPA, BALLARI (CRIME NO. 100/2021) OF
TEKKALAKOTA P.S. REGISTERED FOR THE OFFENCES PUNISHABLE
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CRL.P No. 100498 of 2023
HC-KAR
U/SEC. 78 (3) OF K.P. ACT 1963, IN SO FAR AS PETITIONER ACCUSED
NO.2 IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused no.2 is before this Court under Section 482 Cr.PC
with a prayer to quash the entire proceedings in
C.C.No.1698/2021 pending before the Court of Civil Judge &
JMFC, Siraguppa, arising out of Crime No.100/2021 registered by
Tekkalkota Police Station, Ballari District, for the offence
punishable under Section 78(3) of the Karnataka Police Act,
1963 (for short, 'the Act').
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioner having reiterated the
grounds urged in the petition, submits that there is no
compliance of Section 155(2) of Cr.PC in the present case. He
also submits that the judgment of the coordinate bench of this
Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE
STATE OF KARNATAKA - ILR 2020 KAR 630, has laid down
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HC-KAR
certain guidelines to be followed in the case of non-cognizable
offences and the same is also not complied with in the present
case. He accordingly prays to allow the petition.
4. Learned HCGP has opposed the petition and submits that
prior to the registration of FIR, there is compliance of Section
155(2) of Cr.PC. She accordingly prays to dismiss the petition.
5. The material on record would go to show that on the basis
of the report dated 24.08.2021 submitted by the first informant
who is the Sub-Inspector of Police attached to Tekkalkota Police
Station, FIR in Crime No.100/2021 was registered against
Kotambari Kadasidda Mariyappa and the petitioner herein for the
aforesaid offence. Prior to the registration of FIR, a requisition
was submitted before the jurisdictional Magistrate and on the
basis of the said requisition, the learned Magistrate having found
that the alleged information would form an offence under Section
78 of the Act, which is a non-cognizable offence, has proceeded
under Section 155(2) of Cr.PC granting permission to register
the FIR and investigate the same. FIR has been registered for
the offence punishable under Section 78(3) of the Act.
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Investigation in the case is completed and charge sheet has been
filed.
6. The order passed under Section 155(2) of Cr.PC is not part
of the order sheet maintained by the Trial Court in the present
case. The coordinate bench of this Court in Vaggeppa's case
supra, has observed that the order passed under Section
155(2) of Cr.PC shall form part of the order sheet in which
further proceedings is required to be continued by the Trial
Court. In the said case, it is also observed that the learned
Magistrate while passing the order under Section 155(2) of Cr.PC
shall specify the rank and designation of the police officer who is
required to investigate the case. In the present case, the order
passed under Section 155(2) of Cr.PC does not indicate or
specify the police officer who is required to investigate the case.
7. Under the circumstances, I am of the opinion that if the
impugned criminal proceedings is allowed to continue, the same
would amount to abuse of process of the court. Accordingly, the
following order:
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HC-KAR
8. Petition is allowed. The entire proceedings in
C.C.No.1698/2021 pending before the Court of Civil Judge &
JMFC, Siraguppa, arising out of Crime No.100/2021 registered by
Tekkalkota Police Station, Ballari District, for the offence
punishable under Section 78(3) of the Karnataka Police Act,
1963, is quashed as against the petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:GSM
