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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 20^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.200608/2021

BETWEEN:

Sidram S/o. Dhulappa Khatagaonve

Age: 52 years, Occ: Social Work

R/o. Kessar Javalag, Tq: Bhalki

Dist: Bidar - 585328

… Petitioner

(By Sri Sanjay A. Patil, Advocate)

AND:

1.

The State of Karnataka

Through Police, Bhalki Town

Police Station, Dist: Bidar

Represented by Addl. SPP

High Court of Karnataka

Kalaburagi Bench

2.

Murgeppa S/o. Shivalingayya Vastrad

Age: 57 years, Occ: Engineer

Panchayatraj Officer, Bhalki

Dist: Bidar- 585328

… Respondents

(By Sri Gururaj V. Hasilkar, HCGP for R1)

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This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash all further proceedings in FIR

No.CC 290/2018, registration No.CC 288/2018 on the file

of Senior Civil Judge Court, Bhalki pursuant to the

impugned order dated 15.09.2018 arising out of Crime

No.152/2018 registered by Town Police Station, Bhalk,

Dist: Bidar for the offences punishable under Sections

171(E) of IPC Sec. 127 of Representation of People Act, as

per charge sheet and issue any other appropriate order or

directions as deemed fit by this Hon'ble Court under the

facts and circumstances of the case, in the interest of

justice and equity.

This petition coming on for Admission this day, the

Court made the following:

O R D E R

Petition filed under Section 482 of Cr.PC. by accused

No.1 in Crime No.152/2018 of Bhalki Town Police Station,

Bidar, with the following prayer:

" to quash all further proceedings in FIR

No.CC 290/2018, registration No.CC 288/2018

on the file of Senior Civil Judge Court, Bhalki

pursuant

to

the

impugned

order

dated

15.09.2018 arising out of Crime No.152/2018

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registered by Town Police Station, Bhalk, Dist:

Bidar

for

the

offences

punishable

under

Sections

171(E)

of

IPC

Sec.

127

of

Representation of People Act, as per charge

sheet and issue any other appropriate order or

directions as deemed fit by this Hon'ble Court

under the facts and circumstances of the case,

in the interest of justice and equity.."

2.

Brief facts which are necessary for disposal of

the Petition are as under:

Second respondent, who is the Flying Squad of

Bhalki, lodged a complaint before the Bhalki Town police

station

alleging

that

he

received

information

on

27.04.2018 when he is on duty near Basaveshwar Circle,

Bhalki, one Santosh Kumar – CPC 1290 informed him to go

behind the petrol pump of Kashappa Khandre and conduct

raid in the office of D.K.Sidram. On conducting raid, he

found 170 T-shirts, 25 caps and 15 neck bands and CD

and after seizure of the same, the case came to be

registered for the offence punishable under Section 171(E)

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of IPC and Section 127 of Representation of People Act

against the petitioner.

3.

The accused person, who is petitioner before

this Court questioning the very registration of the case, as

the investigating officer has not followed the prescribed

procedure.

4.

Learned counsel for the petitioner vehemently

contended that the investigating agency have not properly

followed the required procedure for registration of a non-

cognizable offence and thus sought for quashing of the

proceedings.

5.

Per contra, learned High Court Government

Pleader argued that the investigating officer after obtaining

permission, registered a case and therefore, it is legal and

in accordance with law and thus sought for dismissal of the

petition.

6.

The mandatory procedure to be followed by

the Investigation Officer on receipt of a non cognizance

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offence is enumerated in Section 155 of Cr.PC. What is

the procedure to be adopted by the Investigation Officer

and the learned Magistrate in respect of a non-cognizance

offence is clearly spelt out in a judgment of this court in

the case of Vaggeppa Gurulinga Jangaligi Vs. State of

Karnataka reported in I