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2022 Supreme(Kar) 255

M.NAGAPRASANNA
Bhakatha Kuchela – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
K.P. Yashoda, Advocate, Harisha A.S., Advocate.

JUDGMENT :

1. Heard Sri Harisha A.S., learned counsel appearing for the petitioners and Smt. Yashodha K.P., learned High Court Government Pleader appearing for the respondent-State.

2. The petitioners are before this Court calling in question the proceedings in C.C.No.596/2020, pending on the file of the Additional Civil Judge (Jr.Dn) and JMFC Court, Madduru, Mandya District, registered for the offences punishable under Ss. 79 and 80 of the Karnataka Police Act, 1963, which are non-cognizable offences.

3. In the light of the fact that the said offences were non-cognizable, FIR could not have been registered against the petitioners on such offences, without at the outset seeking permission from the hands of the learned Magistrate under Sec. 155(2) of the Cr.P.C.

4. It is an admitted fact that in the case at hand, no such permission is sought from the Magistrate to register the FIR or conduct investigation. The issue stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.101632/2021 and connected cases, disposed of on 21/9/2021, wherein this Court has held as follows:

    "4. The main ground of attack by the petitioner in respective petitions is that the o

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