Allowed¶36

Mallappa S/O Siddappa K v. the State of Karnataka

Karnataka HC28 Aug 2025CRL.P/101857/2024

Case brief

AI extract

What is this about?

S.482 Cr.P.C. quashing petition; non-cognizable offence; S.155(2) Cr.P.C. compliance; absence of Magistrate's S.155(2) order in trial Court order sheet; S.78(3) Karnataka Police Act 1963; C.C. No.319/2023; Crime No.57/2023; Sandur PS, Ballari; Vaggeppa Gurulinga Jangaligi v. State of Karnataka; ILR 2020 Kar 630.

What did the court decide?

Entire proceedings in C.C. No.319/2023 pending before the Court of Civil Judge and JMFC, Sandur, arising out of Crime No.57/2023 registered by Sandur Police Station, Ballari District, for the offence punishable under Section 78(3) of Karnataka Police Act 1963, quashed against the petitioner (accused No.2). ¶36

Mallappa S/O Siddappa K Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire proceedings in C.C. No.319/2023 (arising out of Crime No.57/2023, for the offence under Section 78(3) of Karnataka Police Act 1963) can be sustained when the order under Section 155(2) Cr.P.C. does not find place in the order sheet maintained by the trial Court.

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Court's answer

Since the alleged offence is non-cognizable in nature, compliance with Section 155(2) of Cr.P.C. becomes necessary.

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Ratio / Principle

No order under Section 155(2) of Cr.P.C. finds place in the order sheet of the trial Court; therefore, the impugned proceedings cannot be sustained.

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Key takeaways

The criminal petition is allowed and the entire proceedings in C.C. No.319/2023 for the offence punishable under Section 78(3) of Karnataka Police Act 1963 stand quashed against the petitioner.ratio¶36

Detailed headnote1 paragraphs

Criminal Petition No. 101857 of 2024 under Section 482 Cr.P.C.: HELD, allowing the petition, that the entire proceedings in C.C. No.319/2023 pending before the Civil Judge and JMFC, Sandur, arising out of Crime No.57/2023 registered by Sandur Police Station, Ballari, for the offence punishable under Section 78(3) of Karnataka Police Act 1963 stand quashed against the petitioner (accused No.2). The Court noted that the alleged offence is undisputedly non-cognizable, making compliance with Section 155(2) Cr.P.C. necessary; although an order under Section 155(2) was passed by the Magistrate on the requisition of the Investigation Officer, there was no separate order and no such order found place in the order sheet of the trial Court. Relying on the Coordinate Bench ruling in Vaggeppa Gurulinga Jangaligi v. State of Karnataka (ILR 2020 Kar 630) that any order under Section 155(2) Cr.P.C. should find place in the order sheet maintained by the Court, the Court held the impugned proceedings unsustainable and quashed them against the petitioner.

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NC: 2025:KHC-D:10910 CRL.P No. 101857 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 101857 OF 2024 (482(CR.PC)/528(BNSS))

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BETWEEN:

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MALLAPPA S/O SIDDAPPA K., AGE. 55 YEARS, OCC. FARMER, R/O. 10^TH WARD, H.NO.608, BOMMAALA ROAD, VIJAYANAGARA COLONY, RANI THOTA, BALLARI-583 201.

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… PETITIONER

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(BY SRI. B. ANWAR BASHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, (THROUGH SANDUR PS BALLARI), REP. BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH, DHARWAD-580 001.

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… RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)

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Digitally signed by RAKESH S RAKESH HARIHAR S Location: HIGHCOURT OF HARIHAR KARNATAKA DHARWAD BENCH

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYS THAT THE PETITIONER/ACCUSED NO.2 MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.319/2023 BEFORE LEARNED CIVIL JUDGE AND JMFC AT SANDUR (ARISING OUT OF CRIME NO.57/2023) REGISTERED BY SANDUR PS BALLARI, FOR AN OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 BY ALLOWING THE CRIMINAL PETITION IN SO FAR AS THIS PETITIONERS IS CONCERNED IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:10910 CRL.P No. 101857 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Petitioner is before this Court under Section 482 of Cr.P.C.

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with a prayer to quash the entire proceedings in C.C. No.319/2023 pending before the Court of Civil Judge and JMFC, Sandur, arising out of Crime No.57/2023 registered by Sandur Police Station, Ballari District, for the offences punishable under Section 78(3) of Karnataka Police Act 1963.

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Heard the learned counsel for the parties.

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Perusal of the material on record would go to

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show that FIR in the present case was registered against two persons for the aforesaid offence. After completing investigation, charge sheet has been filed for the said offence against the said two accused persons. Undisputedly, the alleged offence is non cognizable in nature. Therefore compliance of Section 155(2) of Cr.P.C. becomes necessary.

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3 - NC: 2025:KHC-D:10910 CRL.P No. 101857 of 2024

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HC-KAR

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In the present case, order under Section 155(2) of Cr.P.C. has been passed by the learned Magistrate on the requisition submitted by the Investigation Officer and there is no separate order passed by the learned Magistrate under Section 155(2) of Cr.P.C.

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The Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi¹ has observed that, any order passed by the Jurisdictional Magistrate under Section 155(2) of the Cr.P.C. should find place in the order sheet maintained by the Court in the said case.

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In the present case, no such order under Section 155(2) of Cr.P.C. finds place in the order sheet of the trial Court. Therefore, impugned proceedings cannot be sustained. Accordingly, the following:

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ORDER

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1 ILR 2020 KAR 630

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4 - NC: 2025:KHC-D:10910 CRL.P No. 101857 of 2024

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HC-KAR

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The criminal petition is allowed and the entire proceedings in C.C. No.319/2023 pending before the Court of Civil Judge and JMFC, Sandur, arising out of Crime No.57/2023 registered by Sandur Police Station, Ballari District, for the offence punishable under Section 78(3) of Karnataka Police Act 1963 stands quashed against the petitioner.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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VMB CT:BCK LIST NO.: 1 SL NO.: 90

Mallappa S/O Siddappa K v. the State of Karnataka

Case brief

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Mallappa S/O Siddappa K v. the State of Karnataka

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