Karnataka High Court
G G Lingaraj S/O Bharmappa 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:11304
CRL.P No. 101421 of 2024
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. 101421 OF 2024
(482(CR.PC)/528(BNSS))
BETWEEN:
1. G.G. LINGARAJ S/O BHARMAPPA,
AGE. 27 YEARS, OCC. COOLIE,
R/O. HOSAURU MAGANI,
NEAR YALLAMMA TEMPLE,
TQ. HOSAPETE, DIST. VIJAYNAGAR,
PIN-583 201.
2. HANUMESH S/O VENKATESHAPPA,
AGE. 27 YEARS, OCC. COOLIE,
R/O. NARASAPUR MAGANI,
TQ. HOSAPETE, DIST. VIJAYNAGAR-583 201.
... PETITIONERS
(BY SRI. M.J. PEERJADE, ADVOCATE)
Digitally
signed by
RAKESH S
AND:
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
KARNATAKA
THE STATE OF KARNATAKA,
DHARWAD
BENCH THROUGH P.S.I. CHITTAWADAGI P.S. CIRCLE,
HOSPETH, R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, BENCH: DHARWAD.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYS THAT THE COMPLAINT AND FIR IN CHITTAVADAGI
POLICE STATION CRIME NO.18/2024 OF THE OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF THE KARNATAKA POLICE ACT 1963 BEFORE
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CRL.P No. 101421 of 2024
HC-KAR
IIIRD ADDL. CIVIL JUDGE AND J.M.F.C., COURT AT HOSPETH AS
AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 HEREIN QUASHED
IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER IS 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
482 Cr.PC with a prayer to quash the entire proceedings in
C.C.No.2500/2024 pending before the Court of III Addl. Civil
Judge & JMFC, Hosapete, arising out of Crime No.18/2024
registered by Chittavadagi Police Station, Vijayanagara 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
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HC-KAR
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
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 09.04.2024 submitted by the first informant
who is the Sub-Inspector of Police attached to Chittavadagi
Police Station, FIR in Crime No.18/2024 was registered against
the petitioners 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
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HC-KAR
under Section 78(3) of the Act. 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.2500/2024 pending before the Court of III Addl. Civil
Judge & JMFC, Hosapete, arising out of Crime No.18/2024
registered by Chittavadagi Police Station, Vijayanagara District,
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
