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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 22^ND DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.200588/2021

BETWEEN:

AMAR HIREMATH

S/O. MALAYYA HIREMATH

AGE: 28 YEARS, OCC: PA OF

SRI.BHAGAWANT KHUBA M.P.

BIDAR, R/O. BIDAR, DIST: BIDAR

… PETITIONER

(BY SRI SANJAY A. PATIL, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

THROUGH POLICE,

NEW TOWN POLICE STATION,

BIDAR, DIST: BIDAR

REPRESENTED BY ADDL. SPP

HIGH COURT OF KARNATAKA

KALABURAGI BENCH

2.

SRI SHIVASHARANAPPA RAIKOTE

AGE: 58 YEARS, OCC: EXECUTIVE

MAGISTRATE, FLYING SQUAD-8,

BIDAR, R/O. BIDAR

DIST: BIDAR - 585401

… RESPONDENTS

(BY SRI GURURAJ V. HASILKAR, HCGP FOR R1;

R2 SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C. PRAYING TO QUASH THE FURTHER

PROCEEDINGS IN C.C.NO.20/2020 ON THE FILE OF II

ADDL. SENIOR CIVIL JUDGE & JMFC, BIDAR PURSUANT TO

THE

IMPUGNED

ORDER

DATED

18.02.2020

IN

C.C.NO.20/2020 ARISING OUT OF CRIME NO.62/2019

REGISTERED BY NEW TOWN POLICE STATION, BIDAR FOR

THE OFFENCES PUNISHABLE UNDER SECTION 171(E) OF

IPC AS PER CHARGE SHEET AND ISSUE ANY OTHER

APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT BY

THIS

HON'BLE

COURT

UNDER

THE

FACTS

AND

CIRCUMSTANCE 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 C.C.No.20/2020 pending on the file of II Additional

Senior Civil Judge and JMFC, Bidar, with the following

prayer:

"Praying

to

quash

the

further

proceedings in C.C.NO.20/2020 on the file of II

Addl. Senior Civil Judge & JMFC, Bidar

pursuant

to

the

impugned

order

dated

18.02.2020 in C.C.NO.20/2020 arising out of

Crime No.62/2019 registered by New Town

police station, Bidar for the offences punishable

under Section 171(E) of IPC as per charge

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sheet and issue any other appropriate order or

direction as deemed fit by this Hon'ble Court

under the facts and circumstance of the case,

in the interest of justice and equity."

2.

Brief facts which are necessary for disposal of

the Petition are as under:

The complaint averments reveal that the second

respondent, who was the Executive Magistrate Flying

Squad-8, Bidar-50, on 17.04.2019 at about 11.00 a.m.

noticed on TV-9 Channel that one Amar Hiremath, who is

the P.A. of Sri Bhagavant Khuba M.P., Shivanagar, Bidar

was involved in distributing new notes in front of the house

by assembling people for the Lok Sabha Election-2019 and

the said cassette which was recorded was produced before

the complainant. Hence, sought action against the

accused for the offence punishable under Section 117(E) of

IPC.

3.

Learned counsel for the petitioner vehemently

contended that the investigating agency have not properly

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followed the required procedure for registration of a non-

cognizable case and thus sought for quashing of the

proceedings.

4.

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.

5.

The mandatory procedure to be followed by

the Investigation Officer on receipt of a non cognizance

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 ILR 2020 KAR 630. Relevant

paragraphs in this case is culled out hereunder:

"18. Under these circumstances, this

Court felt it necessary to lay down some

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guidelines for the benefit of our Judicial

Magistrates as to how they have to approach

and pass orders when requisition is submitted

by

the