ORDER

1. Petitioner is before this Court under Section 482 of Cr.P.C with a prayer to quash the entire proceedings in C.C.No.19028/2019 pending before the Court of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.174/2018 registered by Sanjay Nagar Police Station for the offences punishable under Sections 504, 507 read with 34 of IPC.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner submits that the alleged offences are non-cognizable in nature and FIR has been registered without complying the requirements of Section 155(2) of Cr.P.C. He submits that the learned Magistrate has granted permission to register the FIR and investigate the case on the requisition submitted by the Investigating Officer and the same cannot be considered as compliance of Section 155(2) of Cr.P.C.

4. The learned Additional SPP appearing for respondent No.1 after perusing the material on record does not seriously oppose the prayer made in the petition.

5. Undisputedly, FIR was registered by Sanjay Nagar Police Station, Bengaluru City against the petitioner for the offences punishable under Section 504, 507 and 34 of IPC which are non-cognizable offences. Therefore, compliance of Section 155(2) of Cr.P.C. becomes mandatory. The material on record would go to show that the learned Magistrate has endorsed in the requisition submitted by the Investigating Officer that he is permitted to register the case and investigate. This Court in the case of Vaggeppa Gurulinga Jangaligi v. State of Karnataka in Criminal Petition No.101997/2019 (DD 10.12.2019) has held that such an endorsement will not comply the requirement of Section 155(2) of Cr.P.C. In addition to the same, the order sheet of the trial court would also reflect that permission granted by the learned Magistrate under Section 155(2) of Cr.P.C. does not find place in the ordeer sheet. Therefore, I am of the view that in view of the law laid down by a Co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangaligi v. State of Karnataka in Criminal Petition No.101997/2019 (DD 10.12.2019), the impugned proceedings cannot be sustained.

6. Accordingly, I pass the following:

ORDER

(i) The petition is allowed;

(ii) The entire proceedings in C.C.No.19028/2019 pending before the Court of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.174/2018 registered by Sanjay Nagar Police Station for the offences punishable under Sections 504, 507 read with 34 of IPC is hereby quashed.