Petitioner prayer for quashing criminal proceedings under Section 5 read with 180 of Motor Vehicles Act allowed. Court held investigation by police without prior Magistrate order under Section 155(2) Cr.P.C. for non-cognizable offence rendered proceedings illegal.
Criminal proceedings in C.C.No.310/2013 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 8TH DAY OF JULY, 2020
BEFORE
THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CRIMINAL PETITION NO.100379/2015
BETWEEN:
SRI RAMEEJ AHMED S/O SAYYED AHMED, AGE: 27 YEARS, OCC: BUSINESS, R/O # 48, NANDANAVAN COLONY, INDORE, DISTRICT: INDORE-452001, MADHYA PRADESH STATE.
PETITIONER
(BY SRI SRINAND A.PACHCHAPURE, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH SANKESHWAR POLICE STATION, NOW REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA BENCH AT DHARWAD.
…RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.310/2013 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C., SANKESHWAR, MARKED AT ANNEXURE-A.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed for quashing the entire criminal proceedings in C.C.No.310/2013 on the file of the Civil Judge and J.M.F.C., Sankeshwar for the offence punishable under Section 5 read with 180 of Motor Vehicles Act.
police have laid the charge sheet against the petitioner for the offence punishable under Section 5 read with 180 of Motor Vehicles Act.
are that the petitioner being the owner of the Tanker bearing registration No.MP-13/H-0127 allowed accused No.1 to drive the said vehicle thereby he has committed the offence punishable under Section 5 read with 180 of Motor Vehicles Act. The C.P.I., Hukkeri submitted charge sheet to the concerned
3
jurisdictional Magistrate on 07.06.2013 as far as accused No.1 is concerned and the Court below took cognizance of the offence punishable under Section 5 read with 180 of Motor Vehicles Act and registered the case in C.C.No.310/2013.
4
police station regarding commission of offence is non-cognizable in nature, then he shall enter or cause to be entered the substance of information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf and refer the informant to the Magistrate.
informant to the Magistrate for seeking permission to investigate the matter and the Magistrate on going through the contents of the complaint, has passed appropriate orders applying his mind. Under these circumstances,
5
it cannot be said that the order passed by the learned Magistrate is in accordance with law. Hence, the following:
ORDER
The criminal petition is allowed. Consequently, the criminal proceedings in C.C.No.310/2013 on the file of the Civil Judge and J.M.F.C., Sankeshwar for the offence punishable under Section 5 read with 180 of Motor Vehicles Act is hereby quashed.
Sd/JUDGE
CLK
1 issue framed by the court
Whether criminal proceedings for an offence under Section 5 read with 180 of the Motor Vehicles Act should be quashed due to non-compliance with Section 155 Cr.P.C. regarding non-cognizable offences.
Colour shows how this judgement treated each authority
NoneReferred
3 provisions across 2 enactments
SRI RAMEEJ AHMED S/O SAYYED AHMED
THE STATE OF KARNATAKA
ASHOK G NIJAGANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
