The High Court of Karnataka quashed criminal proceedings under the Karnataka Police Act initiated after an unauthorized raid and search conducted without a warrant or prior magistrate permission, relying on preceding judgments.
Charge sheet filed in Crime No.90/2020 for offences punishable under Sections 79 and 80 of the Karnataka Police Act is 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.
Crl.P.No.5403 of 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.5403 OF 2020
BETWEEN:
Crl.P.No.5403 of 2020
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C.P.C. 220, DAVANAGERE RURAL POLICE STATION, DAVANAGERE, R/O. DIDDAGI VILLAGE, JAGALUR TALUK, DAVANAGERE - 577 528.
... PETITIONERS
(BY SRI.JAYAPRAKASH K.N., ADVOCATE)
AND:
THE STATE OF KARNATAKA, BY K.T.J.NAGAR POLICE STATION, DAVANGERE, REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING, BENGALURU – 560 001. ... RESPONDENT
(BY SRI.VINAYAKA V.S., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1738/2020 PENDING ON THE FILE OF THE JMFC-II COURT, DAVANAGERE ARISING OUT OF CRIME NO.90/2020 REGISTERED BY K.T.J.NAGAR POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S.79 AND 80 OF KARNATAKA POLICE ACT AND RELEASE THE AMOUNT SEIZED BY THE RESPONDENT POLICE VIDE P.F.NO.70/2020 IN FAVOUR OF PETITIONERS.
Crl.P.No.5403 of 2020
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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCE , THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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The said procedure not having been followed, learned counsel submits that the entire procedure is bad in law and required to be quashed.
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approach jurisdictional Magistrate, the evidence would have been lost and accused would have absconded. Hence, he submits that the action taken by the jurisdictional police is proper and is in accordance with law.
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Sd/JUDGE
SSD
3 issues framed by the court
Whether criminal proceedings under Section 79 and 80 of Karnataka Police Act should be quashed when search without warrant failed to comply with Section 155(2) of Cr.P.C.
Whether allowing police to seize evidence without prior magistrate permission aids the accused if approached later.
Whether prior permission from the Magistrate is mandatory before conducting search and seizure under Section 155(2) of Cr.P.C.
Colour shows how this judgement treated each authority
Udya Prakasha and others vs. The State of KarnatakaRelied on¶44
Crl.P.No.4592/2020, Udya Prakasha and others vs. The State of Karnataka
Arun Kumar vs. The State of KarnatakaRelied on¶44
Crl.P.No.5433/2020, Arun Kumar vs. The State of Karnataka
2 provisions across 1 enactments
LOHITH .S.
NAGARAJA
BALARAJU
MAHESHA
MANJAPPA. M.
THE STATE OF KARNATAKA
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
