Auto Shankar vs State of Karnataka - 2022 Supreme(Kar) 1349

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1349

J. M. KHAZI
Auto Shankar – Appellant
Versus
State of Karnataka – Respondent

Advocates appeared:
Manoj Bikkannavar, Advocate, Anand R.Kolli, Advocate, Girija S.Hiremath, Advocate

JUDGMENT

1. Learned High Court Government Pleader is directed to take notice for respondent. Petitioner, who is accused No.2 before the trial Court, have filed this petition under Sec. 482 of Cr.P.C, with a prayer to quash the order dtd. 1/2/2021 passed by the Prl. Civil Judge and J.M.F.C, Gangavathi in C.C No.137/2021 taking cognizance for the offence punishable under Sec. 78(3) of Karnataka Police Act, 1963 (for short "K.P. Act"), contending that the alleged offence is a non-cognizable and the investigating officer has not obtained the permission of the jurisdictional magistrate as mandated under Sec. 155 of the Cr.P.C and therefore, the entire proceedings are vitiated.

2. Heard the learned counsel representing the petitioner and also the learned High Court Government Pleader for the respondent and perused the records.

3. As evident from the records, Crime No.05/2021 came to be registered against the petitioner for the offence punishable under Sec. 78(3) of K.P. Act, based on the complaint filed by P.S.I. Town Police Station, alleging that on 6/1/2021 at 4.15 p.m., near Veerapur Tanda, Sevalal Circle of Anegundi Road of Gangavati Town, at a public place, the petitioner was indulge

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