Melderi Malathesha Alias Medleri ... vs The State Of Karnataka
2025 Latest Caselaw 7978 Kant

Karnataka High Court

Melderi Malathesha Alias Medleri ... vs The State Of Karnataka on 3 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                 -1-
                                                             NC: 2025:KHC-D:11293
                                                         CRL.P No. 100800 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. 100800 OF 2024

                                       (482(Cr.PC)/528(BNSS)

                    BETWEEN:
                    MELDERI MALATHESHA @ MEDLERI MAHANTHESH
                    S/O NINGAPPA AMBIGER
                    AGED ABOUT 50 YEARS
                    OCC: SHOP EMPLOYEE,
                    R/O MEDLERI VILLAGE,
                    TALUK: RANEBENNUR,
                    DISTRICT: HAVERI-581115.
                                                                       ...PETITIONER
                    (BY SRI M.R.HIREMATHAD, ADVOCATE)

                    AND:

                    THE STATE OF KARNATAKA
                    THROUGH HALAVAGALU POLICE STATION,
                    TQ: HARAPANAHALLI, DIST: VIJAYANAGAR,
        Digitally
        signed by
                    REPRESENTED BY STATE PUBLIC PROSECUTOR
        RAKESH S
RAKESH HARIHAR
        Location:
                    HIGH COURT OF KARNATAKA BENCH
S       HIGH
HARIHAR COURT OF
        KARNATAKA
                    AT DAHRWAD-580011.
        DHARWAD
        BENCH                                                         ...RESPONDENT
                    (BY SMT. GIRIJA S. HIREMATH, HCGP)

                         THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
                    SEEKING TO QUASH THE ENTIRE PROCEEDINGS C.C.NO. 929/2023
                    (HALAVAGALU P.S. CRIME NO. 45/2023) REGISTERED FOR THE
                    OFFENCES PUNISHABLE U/SEC. 78(3) OF KARNATAKA POLICE ACT,
                    1963 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC
                    HARAPANAHALLI IN SO FAR AS PETITIONER/ ACCUSED NO.2 IS
                    CONCERNED.

                        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                    COURT MADE THE FOLLOWING:
                                  -2-
                                               NC: 2025:KHC-D:11293
                                         CRL.P No. 100800 of 2024


HC-KAR




                              ORAL ORDER

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused no.2 is before this Court under Section 482 of

Cr.P.C, with a prayer to quash the entire proceedings in

C.C.No.929/2023 pending before the Court of Senior Civil Judge

& JMFC, Harapanahalli, arising out of Crime No.45/2023

registered by Halavagilu Police Station, Vijayanagara District, for

the offence punishable under Section 78(3) of the Karnataka

Police Act, 1963.

2. Heard the learned Counsel appearing for the parties and

perused the material on record.

3. Learned Counsel for the petitioner submits that the offence

for which FIR has been registered is a non-cognizable offence.

There is no compliance of the requirement of Section 155(2) of

Cr.P.C in the present case. The learned Magistrate has allegedly

granted permission on the requisition made by the police seeking

permission to investigate the case. The same cannot be

considered as compliance of 155(2) of Cr.P.C in view of

judgment of this Court in the case of VAGGEPPA GURULINGA

NC: 2025:KHC-D:11293

HC-KAR

JANGALIGI (JANGALAGI) V. THE STATE OF KARNATAKA,

THROUGH PSI, KAGWAD POLICE STATION, BELAGAVI - ILR

2020 KAR 630.

4. Learned HCGP who has opposed the petition, however,

does not dispute the submission made by learned Counsel for the

petitioner.

5. FIR in Crime No.45/2023 is undisputedly registered for the

offence punishable under Section 78(3) of the Karnataka Police

Act. The said offence is a non-cognizable offence, and therefore,

compliance of Section 155(2) of Cr.P.C becomes mandatory. In

the case on hand, it is seen that on the requisition made by the

Police before the jurisdictional Magistrate seeking his permission

to investigate the case, the learned Magistrate has made

endorsement granting permission to register and investigate the

case. This Court in Vaggeppa's case (supra) at paragraph No.20

has observed as follows:

"20. Therefore, under Rule 1, the Magistrate shall endorse on the report whether the same has been received by post or muddam. Under Rule 2, Magistrate has to specify in his order the rank and designation of the Police Officer or the Police Officer

NC: 2025:KHC-D:11293

HC-KAR

by whom the investigation shall be conducted. Considering the mandatory requirement of Section 155(1) and (2) of Cr.P.C., and Rule 1 and 2 of Chapter V of the Karnataka Criminal Rules of Practice, this Court proceed to laid down the following guidelines for the benefit of the judicial Magistrate working in the State.

i) The Jurisdictional Magistrates shall stop hereafter making endorsement as 'permitted' on the police requisition itself.

Such an endorsement is not an order in the eyes of law and as mandated under Section 155(2) of Cr.P.C.

ii) When the requisition is submitted by the informant to the Jurisdictional Magistrate, he should make an endorsement on it as to how it was received, either by post or by Muddam and direct the office to place it before him with a separate order sheet.

No order should be passed on the requisition itself. The said order sheet should be continued for further proceedings in the case.

iii) When the requisition is submitted to the Jurisdictional Magistrate, he has to first examine whether the SHO of the police station has referred the informant to him with such requisition.