Karnataka High Court
Deepak S/O Narayansa Khode vs The State Of Karnataka on 3 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11300
CRL.P No. 101128 of 2025
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. 101128 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
1. DEEPAK S/O NARAYANSA KHODE,
AGE. 35 YEARS, OCC. CLOTHING BUSINESS,
R/AT: METRO CITY, 2ND CROSS, KESHWAPUR,
HUBBALLI-580 023.
2. RAGHVENDRA S/O BABUNATHSA DALBANJAN,
AGE. 40 YEARS, OCC. BUSINESS,
R/AT: VINAYAK NAGAR, 3RD CROSS,
NEAR GANAPATHI TEMPLE,
HUBBALLI-580 021.
... PETITIONERS
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
Digitally
signed by
RAKESH S
RAKESH HARIHAR
Location:
THE STATE OF KARNATAKA,
S HIGH
HARIHAR COURT OF
KARNATAKA
SUB-URBAN POLICE STATION, HUBBALLI,
DHARWAD
BENCH REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
AT: DHARWAD.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH
THE COGNIZANCE DATED 24.12.2024 AND FURTHER PROCEEDINGS
AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN C.C.
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NC: 2025:KHC-D:11300
CRL.P No. 101128 of 2025
HC-KAR
NO.15859/2024 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE
AND JMFC, AT: HUBBALLI ARISING OUT OF SUB-URBAN POLICE
STATION CRIME NO.161/2024 FOR THE OFFENCE PUNISHABLE UNDER
SECTION 78(3) OF KARNATAKA POLICE ACT 1963 IN THE INTEREST
OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
1. Accused nos.1 & 2 are before this Court under Section
528 of BNSS, 2023, with a prayer to quash the entire
proceedings in C.C.No.15859/2024 pending before the Court of
Prl. Civil Judge & JMFC, Hubballi, arising out of Crime
No.161/2024 registered by Hubballi Sub-Urban Police Station,
Hubballi-Dharwad, 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 174(2) of BNSS, 2023, in the present
case. He also submits that the judgment of the coordinate bench
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HC-KAR
of this Court in the case of VAGGEPPA GURULINGA JANGALIGI
VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has laid
down 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
174(2) of BNSS, 2023. She accordingly prays to dismiss the
petition.
5. The material on record would go to show that on the basis
of the report dated 09.12.2024 submitted by the first informant
who is the Sub-Inspector of Police attached to Hubballi Sub-
Urban Police Station, FIR in Crime No.161/2024 was registered
against unknown persons 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 174(2) of
BNSS, 2023 granting permission to register the FIR and
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HC-KAR
investigate the same. FIR has been registered for the offence
punishable under Section 78(3) of the Act. Investigation of the
case is completed and charge sheet has been filed. Petitioners
herein are arrayed as accused nos.1 & 2 in the charge sheet.
6. The order passed under Section 174(2) of BNSS, 2023, 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 which is pari materia to Section 174(2) of BNSS,
2023, 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 174(2) of BNSS, 2023, 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
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would amount to abuse of process of the court. Accordingly, the
following order:
8. Petition is allowed. The entire proceedings in
C.C.No.15859/2024 pending before the Court of Prl. Civil Judge
& JMFC, Hubballi, arising out of Crime No.161/2024 registered by
Hubballi Sub-Urban Police Station, Hubballi-Dharwad, for the
offence punishable under Section 78(3) of the Karnataka Police
Act, 1963, is quashed as against the petitioners.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:BCK
