ORDER :

Heard the learned counsel for the petitioners and learned counsel for the respondent.

2. On the report of PSI-Kantharaj.K, Pavagada dated 21.08.2017, NCR was registered against the petitioners and a requisition was given by the investigation Officer to the learned Magistrate to permit them to conduct investigation as provided under Section 155(2) of Cr.P.C having regard to the fact that the alleged offence under Section 78(3) of the Karnataka Police Act, 1963 is non-cognizable offence. The learned Magistrate has made an endorsement to the effect “permitted” on the very same requisition submitted by the investigating officer and thereafter FIR, has been lodged in Cr.No.197/2017 of Pavagada Police Station of Tumkur District and police after investigation have filed a charge sheet against the petitioners for the offences punishable under Section 78(3) of Karnataka Police Act, 1963 which is now pending in C.C.No.579/2017 before the Court of Principal Civil Judge and JMFC., Pavagada. The petitioners have questioned the validity of said proceedings on the ground that that the learned Magistrate had no jurisdiction to take cognizance of the alleged offences having regard to the fact