The petitioners-accused Nos.1 to 4 are before this

Court seeking to quash the criminal proceedings initiated

against them in Crime No.164/2017 of Roza police station,

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Kalaburagi which is now pending in C.C.No.6642/2018 on

the file of learned Civil Judge and JMFC, Kalaburagi, for the

offences punishable under Sections 109, 504 and 506 read

with Section 34 of the Indian Penal Code (for short ‘IPC’).

2.

Brief facts of the case are that respondent

No.2 filed first information with Roza police station alleging

commission of above said offences. It is stated that on

07.09.2017 he had received a call from two cell phones of

the accused threatening the informant and his three elder

sisters and their children, by abusing them in filthy

language. The other three accused were also standing by

the side of accused No.4 in threatening the informant and

his family members. Therefore, he requested the police to

register a case and to initiate legal action against them.

3.

Accordingly, the Station House Officer at Roza

police station forwarded the requisition dated 30.12.2017

to the learned Magistrate requesting permission to

investigate into the non-cognizable offence. After obtaining

permission from the learned Magistrate, FIR was registered

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and the investigation was undertaken. It is stated that

after completing investigation, the charge sheet is filed for

the offences punishable under Sections 109, 504 and 506

read with Section 34 of IPC. Learned Magistrate took

cognizance of the offences and the criminal proceedings is

pending in C.C.No.6642/2018 on the file of learned Civil

Judge and JMFC, Kalaburagi.

4.

Accused Nos.1 to 4 have approached this Court

invoking inherent jurisdiction of this Court under Section

482 of Cr.P.C., to quash the entire criminal proceedings

initiated against them.

5.

Heard Sri S.S.Mamadapur, learned counsel for

the

petitioners,

Sri

M.A.Jagirdar,

learned

counsel

appearing

for

Sri

G.B.Yadav,

learned

counsel

for

respondent No.2 and Sri Shivakumar R. Tengli, learned

Additional Government Advocate for the respondent No.1 –

State. Perused the material on record.

6.

Learned counsel for the petitioners submitted

that petitioners are accused Nos.1 to 4. They have not

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committed any offence as alleged. A false complaint came

to be filed against them. Initially FIR was registered for the

offences punishable under Sections 504 and 506 of IPC.

The charge sheet was filed for the offences punishable

under Sections 109 along with Sections 504 and 506 of

IPC. All these offences are non-cognizable offences.

Section 155 of Cr.P.C. contemplates the procedure that is

to be followed when information regarding commission of

non-cognizable offence is received. Even though, it is

stated that requisition was submitted to the learned

Magistrate seeking permission to investigate into the

matter, the learned Magistrate has not applied his mind to

the requisition but only endorsed as ‘permitted’ on the

requisition dated 30.12.2017.

7.

Learned counsel further submitted that this

Court has already held in Vaggeppa Gurulinga Jangaligi

vs. State of Karnataka¹ that procedure as contemplated

under Section 155 of Cr.P.C., is to be complied in letter

and spirit. It is also held that passing the order by writing

1 2020 (1) KCCR 371

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a single word ‘permitted’ or ‘permitted to investigate’ is not

an order in the eye of law. Therefore, permission said to

have been obtained in the present case is not helpful to

the prosecution. The procedure adopted is vitiated by law

and therefore, the entire proceedings is liable to be

quashed. Hence, he prays for allowing the petition.

8.

Learned Additional Government Advocate for

respondent No.1 fairly concedes that the order dated

30.12.2017 passed by the learned Magistrate is a single

word order i.e. ‘permitted’. Therefore, the decision in

Veggeppa’s case (supra) is applicable to the facts of the

case. Accordingly, he fairly submits that appropriate orders

may be passed.

9.

Per contra, learned counsel for respondent

No