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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.Nagaprasanna
Rohith, S/O S.Venugopal – Appellant
Versus
State Of Karnataka, High Grounds Police Station, Rep. By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. accusation details and procedural background. (Para 1) |
| 2. arguments regarding the applicability of prior rulings. (Para 2 , 3 , 4) |
ORDER :
M. Nagaprasanna, J.
The petitioner is accused No.7 qua accused Nos.1 to 6. This court has quashed the proceedings in Crl.P.No.9904/2024.
2. Learned counsel appearing for the petitioner submits the reason so rendered while quashing the proceedings against accused Nos.1 to 6 would squarely become applicable to the facts of the case at hand qua accused No.7, as well.
3. This court has held as follows:
"The petitioners – accused Nos.1 to 6 are before this Court calling in question an order dated 03.08.2022, passed by the Metropolitan Magistrate Traffic Court – I, Bengaluru, in C.C.No.27412/2022, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (‘the Act’ for short).
2. Heard Sri Adarsha R., learned counsel for petitioners and Sri Harish Ganapathy, learned High Court Government Pleader for the respondents.
3. It is an admitted fact that though the offences are punishable under Sections 79 and 80 of the Act, which are non-cognizable offences and for a non-cognizable offence, prior permission o
Prosecutorial proceedings for non-cognizable offences are invalid if the mandatory permission from a Magistrate is not obtained as stipulated in Sections 155(1) and (2) of the Cr.P.C.
A Magistrate must provide reasoned orders when permitting police investigations under non-cognizable offences to ensure lawful process compliance.
An endorsement such as 'permitted' by a Magistrate does not constitute a valid order under Section 155(2) of the Cr.P.C. without reasoned consideration, necessitating compliance with established proc....
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