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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.5182/2021

Between:

Shankar Patil

Basanagouda Munenakoppa,

Aged about 48 years,

R/o Navalgund Town,

Tq: Navalagund,

Dist.: Dharwad.

& Petitioner

(By Sri Channa Mallikarjunagouda Patil, Advocate)

And:

1.

State of Karnataka,

By Navalagund Police Station

Navalgund

Dharwad District

Rep. by State Public Prosecutor

Office of the Advocate General

High Court Building

Bengaluru.

2.

M.R. Shanbhag,

S/o R Shanbhag

Age: 54 years

Executive Engineer,

Corporation Office,

Navanagar,

HESCOM, Hubballi - 25.

& Respondents

(By Sri Rachaiah, Advocate for R1;

R2 - Served)

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This Criminal Petition is filed under Section 482 of Cr.P.C.,

praying to quash the entire criminal proceedings in Spl. C.C.

No.202/2021 on the file of the learned LXXXI Addl. City Civil and

Sessions

Judge,

Bengaluru

CCH-82,

thereby

dismiss

the

complaint made by the 2nd respondent against the petitioner for

the offence p/u/s 127(A) R.P. Act 1955 and 1988 and 290 of IPC.

This Criminal Petition coming on for admission this day, the

Court, made the following:

ORDER

Petitioner has called in question the proceedings in

Spl.C.C.No. 202/2021 pending on the file of the LXXXI

Additional City Civil and Sessions Judge, Bengaluru (CCH-

82) (Special Court) and has sought for quashing of the

entire

criminal

proceedings

in

Spl.C.C.No.

202/2021

pending on the file of the LXXXI Additional City Civil and

Sessions Judge, Bengaluru (CCH-82) (Special Court) and for

dismissal of the complaint made by 2^nd respondent against

the petitioner for the offence punishable under Section

127-A of the Representation of the People Act (for short 'the

R.P.Act') and Section 290 of IPC.

2.

It is noticed that the information was made out

to the Police Sub Inspector as per Annexure-A and taking

note of such information, FIR was registered and forwarded

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to the Magistrate. The offence as made out is the offence

under Section 127-A of the R.P. Act and Section 290 of IPC.

3.

Learned counsel for the petitioner while assailing

such proceedings submits that the 2^nd respondent - Sri. M.

R. Shanbhag, has addressed a communication at Annexure-

A to the Sub Inspector, Navalgund Police Station and that

the offence for which FIR has been registered under Section

127-A of the R.P. Act and Section 290 of IPC, are non-

cognizable as Section 290 of IPC specifies so, while as

regards Section 127-A of the R.P. Act, in light of Schedule-I

Part-II of Cr.P.C., same is also not cognizable.

4.

Registration of First Information Report which is

the first step of the investigation process without permission

of the Magistrate (which is not evident from the records)

would be clear violation of Section 155 of Cr.P.C.

Accordingly, in light of the registration of FIR relating to

non-cognizable offences without permission from the

Magistrate which is not forthcoming from the records, the

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registration of FIR and subsequent investigation as well as

proceedings subsequent to FIR are illegal.

5.

Accordingly,

proceedings

in

Spl.C.C.No.

202/2021 pending on the file of the LXXXI Additional City

Civil and Sessions Judge, Bengaluru (CCH-82) (Special

Court) is set aside. However, it is clarified that liberty is

reserved to initiate fresh action as regards the offence as

made out, as per law. Contentions of both parties are kept

open.

The petition is disposed off accordingly.

Sd/-

JUDGE

VP