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2017 DIGILAW 1492 (KAR)

Ashwathappa S/o Narasappa v. State of Karnataka

2017-11-09

K.N.PHANEENDRA

body2017
ORDER : 1. Heard the learned counsel for the petitioner and the learned SPPII who takes notice for the respondents. 2. The learned counsel for the petitioner has sought for quashing of the entire proceedings in CC No. 587/2013 on the file of the Civil Judge & JMFC, Pavagada on the short ground that non taking of permission by the police for investigation u/s. 155(2) of Cr.P.C., and the cognizance taken by the court is bad in law. This particular aspect has been dealt in detail by this court in a decision reported in 2014 (4) KCCR 3355 between MOIN BASHA KURNOOLI VS. THE STATE OF KARNATAKA BY COWL BAZAAR POLICE STATION, BELLARY and also in the subsequent ruling reported in 2017 (3) KCCR 1960 between KRISHNA @ KUMAR & OTHERS VS. STATE OF KARNATAKA, wherein this court has categorically held that in order to investigate the offence under the Karnataka Police Act, particularly u/s.78(3) of the Karnataka Police Act, which are non-cognizable in nature, permission u/s.155(2) of Cr.P.C. for investigation is an absolute legal requirement. 3. On perusal of the entire charge sheet papers and also the order passed by the learned Magistrate, while taking cognizance and also the FIR, there is absolutely no indication that the police have taken any permission u/s.155(2) of Cr.P.C. for the purpose of investigation and to file a report u/s.173 of Cr.P.C. Therefore, the entire proceedings and investigation are vitiated by serious incurable defects and the said entire proceedings amounts to illegality. Therefore, I am of the opinion that the entire proceedings in CC No. 587/2013 deserves to be quashed. 4. In fact, this court in Moin Basha Kurnooli’s case cited above, has made an observation that the said ruling is applicable to all the pending cases, but not for the cases where trial has already been concluded and the cases which are disposed of. Therefore, the said ruling is equally applicable to the pending cases also. 5. Under the above said circumstances, I pass the following order: The Petition is allowed. 6. All further proceedings in CC No. 587/2013 on the file of the Civil Judge & JMFC, Pavagada for the offence punishable under section 78(3) of the Karnataka Police Act, is hereby quashed.