High Court allowed Criminal Petition No.1896/2021 quashing proceedings in C.C.No.2301/2021 under Sections 79 and 80 of Karnataka Police Act, 1963 for violating Section 155(2) Cr.P.C. by conducting non-cognizable investigation without Magistrate permission.
Criminal Petition allowed and proceedings in C.C.No.2301/2021 quashed qua petitioners.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.1896/2021
BETWEEN
BANGALORE – 560 050.
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NEAR KARAMARAMMA TEMPLE, T R SHAMANNA NAGAR, SRINAGAR, BANGALORE – 560 050.
... PETITIONERS
[BY SRI.PULAKESHI A.P., ADVOCATE]
AND
... RESPONDENTS
[BY SRI.SHANKAR H.S., HCGP]
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AS AGAINST THESE PETITIONERS/ACCUSED NO.46, 48, 49 AND 51 IN CR.NO.224/2020 OF GIRINAGAR P.S., BENGALURU THE RESPONDENT NO.1 HEREIN ON THE FILE OF THE COURT OF THE LEARNED METROPOLITAN MAGISTRATE TRAFFIC COURT-IV BENGALURU FOR THE OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT.
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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.2301/2021 registered for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (hereinafter referred to as ‘the said Act’ for short).
for the petitioners and Sri. Shankar H.S., learned HCGP appearing for respondent No.1 and have perused the material on record.
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petitioners also submits that the petitioners were taken into custody on 15.12.2020 after issuance of notice on 14.12.2020.
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ORDER
qua the petitioners.
Sd/JUDGE
SJK
2 issues framed by the court
Whether the criminal proceedings registered for offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 should be quashed.
Whether the procedure under Section 155(2) of Cr.P.C. was violated by conducting non-cognizable investigation proceedings without Magistrate's permission prior to FIR registration.
Colour shows how this judgement treated each authority
Not cited in textReferred
4 provisions across 2 enactments
Mr. Mohan Kumar
Kum. Deekshita
Smt. Nagarathna
Smt Kamalamma
State of Karnataka
Sri. Ravi Patil
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
