Karnataka High Court
Umesh S/O. Baslingappa Bolshetti vs The State Of Karnataka on 9 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11664
CRL.P No. 103334 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103334 OF 2023
(482(CR.PC)/528(BNSS))
BETWEEN:
1. UMESH S/O. BASLINGAPPA BOLSHETTI,
AGE. 40 YEARS, OCC. CARPENTER,
R/O. MEDHARGALLI, HALIYAL,
TQ. HALIYAL, DIST. UTTAR KANNADA.
2. CHANDRAKANT S/O. SIDDAPPA GONDALI,
AGE. 45 YEARS, OCC. COOLIE,
R/O. MEDHARGALLI, HALIYAL
TQ. HALIYAL, DIST. UTTAR KANNADA.
... PETITIONERS
(BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY HALIYAL POLICE,
REP. BY ADDL. SPP,
Digitally
signed by
HIGH COURT OF KARNATAKA,
RAKESH
RAKESH S
HARIHAR BENCH DHARWAD.
S Location:
HARIHAR
HIGH
COURT OF ... RESPONDENT
KARNATAKA
DHARWAD
BENCH
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC
NO.33/2021 PENDING ON THE FILE OF PRL. CIVIL JUDGE JMFC
HALIYAL (HALIYAL POLICE STATION UNDER CR. NO.180/2020)
OFFENCES PUNISHABLE UNDER SECTION 78(3) OF K.P. ACT AGAINST
THE PETITIONERS (ACCUSED NO.3 AND 4), IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS
MADE THEREIN AS UNDER:
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CRL.P No. 103334 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused nos.3 & 4 are before this Court under Section
482 Cr.PC with a prayer to quash the entire proceedings in
C.C.No.33/2021 pending before the Court of Prl. Civil Judge &
JMFC, Haliyal, arising out of Crime No.180/2023 registered by
Haliyal Police Station, Uttara Kannada District, for the offence
punishable under Section 78(iii) of the Karnataka Police Act,
1963 (for short, 'the Act').
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioners 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
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.
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HC-KAR
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 26.10.2020 submitted by the first informant
who is the Sub-Inspector of Police attached to Haliyal Police
Station, FIR in Crime No.180/2020 was registered against
Parasuram Sahadev Bhiru and others 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. 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
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HC-KAR
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.
In the present case, there is no material to show that the order
passed under Section 155(2) of Cr.PC is part of the order sheet.
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:
8. Petition is allowed. The entire proceedings in
C.C.No.33/2021 pending before the Court of Prl. Civil Judge &
JMFC, Haliyal, arising out of Crime No.180/2023 registered by
Haliyal Police Station, Uttara Kannada District, for the offence
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punishable under Section 78(iii) of the Karnataka Police Act,
1963, is quashed as against the petitioners.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:BCK
