PAVAN v. STATE BY CHAMARAJANAGAR

(BY SRI PRITHVI RAJ B.N, ADV.) AND: STATE BY CHAMARAJANAGAR TOWN POLICE, CHAMARAJANAGAR - 571 313 REP. BY SPP, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, B'LURU - 01. (BY SRI CHANNAPPA ERAPPA, HCGP) …PETITIONER …RESPONDENT S Location: HIGH COURT OF KARNATAKA THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN CC NO.17/2024 PENDING BEFORE THE ADDL.SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGAR AS AGAINST THE PETITIONER HEREIN / ACCUSED NO.24. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 2 - NC: 2026:KHC:1288 CRL.P No. 6904 of 2025 HC-KAR ORAL ORDER

Accused no.24 is before this Court in this petition filed under Section 528 of BNSS 2023 R/w Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.17/2024, pending on the file of Additional Senior Civil Judge and JMFC, Chamrajanagar, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

Heard the learned counsel for the petitioner and learned HCGP for respondent-State.

Learned counsel for the petitioner submits that impugned proceedings has been already quashed as against accused no.43 for the reason that the prosecution has not complied Section 155(2) of Cr.P.C,.

The said submission is not seriously disputed by learned HCGP.

Perusal of the material on the record would go to show that accused no.43 in the present proceedings had approached this Court in Criminal Petition No.1924 of 2024 and - 3 - NC: 2026:KHC:1288 CRL.P No. 6904 of 2025 HC-KAR the said petition was allowed on 24.04.2024. In paragraph no.4 of the said order, it is observed as follows.

4. The order sheet maintained by the trial Court in C.C. No.17/2024 is produced along with the petition. A perusal of the order sheet 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 (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 order sheet, in which the proceedings are continued by jurisdictional Magistrate. Since 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.

The reasoning assigned by this Court in the said petition is squarely applicable to the case on hand and therefore I am of the opinion that prayer made in this petition by accused no.24 also needs to be granted.