CHENGUMANI v. STATE BY CHAMARAJANAGAR TOWN POLICE
Case at a glance
Outcome
Allowed
Criminal Petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 155(2), 482
- Karnataka Police Act, 1963 ss. 79, 80
Key paragraphs
- Para 44. The ordersheet maintained by the trial Court in C.C. No.17/2024 is produced along with the petition. A perusal of the ordersheet maintained by the trial Court would reflect that it does not contain any order passed under Section 155(2) of Cr.P.C. by the jurisdictional…
Judgment
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 1924 OF 2024 (482) BETWEEN:
1. CHENGUMANI, S/O SIDDANAYAKA, AGED ABOUT 48 YEARS, R/AT No.19/152, NAYAKARA STREET, 1ST CROSS, SANTHEMARAHALLI ROAD, CHAMARAJANAGAR-571313. …PETITIONER (BY SRI PRITHVI RAJ B. N., ADVOCATE) AND:
STATE BY CHAMARAJANAGAR TOWN POLICE, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571313. REP. BY SPP, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560001. …RESPONDENT (BY SMT. K.P. YASHODA, HCGP) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN C.C.No.17/2024 PENDING BEFORE THE ADDL.SENIOR CIVIL JUDGE AND J.M.F.C CHAMARAJANAGAR AS AGAINST THE PETITIONER HEREIN/ ACCUSED No.43. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - NC: 2024:KHC:16321 CRL.P No. 1924 of 2024
O R D E R Accused No.43 is before this Court with the prayer to quash the entire proceedings in C.C. No.17/2024 pending before the Court of Additional Senior Civil Judge and JMFC, Chamarajanagar arising out of the Crime No.136/2023 registered by Chamarajanagar Town Police Station, Chamarajanagar for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963.
Learned counsel for the petitioner submits that the offences alleged are non-cognizable in nature and there is no compliance of Section 155(2) of Cr.P.C.
Learned HCGP has opposed the petition.
The ordersheet maintained by the trial Court in C.C. No.17/2024 is produced along with the petition. A perusal of the ordersheet maintained by the trial Court would reflect that it does not contain any order passed under Section 155(2) of Cr.P.C. by the jurisdictional Magistrate granting permission to the Police to register the FIR and investigate the case. This Court in the case of VAGGEPPA GURULINGA JANGALIGI - 3 - NC: 2024:KHC:16321 CRL.P No. 1924 of 2024 (JANGALIGI) Vs. THE STATE OF KARNATAKA1 has held that any permission granted by the jurisdictional Magistrate under Section 155(2) of Cr.P.C. is required to form part of ordersheet, in which the proceedings are continued by the jurisdictional Magistrate. Since there is no compliance of requirement of Section 155(2) of Cr.P.C. in the present case, the impugned proceedings cannot be continued against the petitioner. Accordingly, the following:
O R D E R
Operative part
1. Criminal Petition is allowed.
2. The entire proceedings in C.C. No.17/2024 pending before the Court of Additional Senior Civil Judge and JMFC, Chamarajanagar arising out of Crime No.136/2023 registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 as against the petitioner is quashed. Sd/- JUDGE VBS List No.: 1 Sl No.: 39 1 ILR 2020 KAR 630
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal Petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 155(2), 482; Karnataka Police Act, 1963 — ss. 79, 80.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.