THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.373/2022 PENDING IN THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND C.J.M AT SIVAMOGGA IN CR.NO.21/2021 REGISTERED BY THE KOTE P.S. SHIVAMOGGA AS AGAINST THE PETITIONER FOR OFFENCES P/U/S 78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE PETITIONER IS CONCERNED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court, seeking the following prayers:

"a) Quash the entire proceedings in CC No.373/2022 pending in the Court of the Prl. Senior Civil Judge And CJM At Shivamogga, in crime No.21/2021 registered by the Kote police Station Shimoga as against the petitioner for offences punishable under Section 78(3) of the Karnataka Police Act, 1963 in so far as the petitioner is concerned.

b) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

2. Heard the learned counsel Smt.Anitha S.M.Patil, for Sri.Ravishankar K, learned counsel, appearing for the petitioner, Sri.B.N.Jagadeesha, Addl. SPP appearing for respondent Nos.1 and 2 and have perused the material on record.

3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.9710/2021 disposed on 10.08.2022, wherein it is held as follows:

"Petitioner is before this Court calling in question the proceedings in C.C.No.361/2017 registered for offences punishable under Sections 506, 507, 107, 201 r/w Section 34 of the IPC.

2. Heard Sri.S.Shashidhara, learned counsel appearing for petitioner, Smt.K.P.Yashodha, learned High Court Government Pleader for respondent No.1 and Sri.K.Shashikanth Prasad, learned counsel for respondent No.2.

3. A complaint is registered by the 2nd respondent complainant before the jurisdictional police on 28.03.2016 which becomes a crime in Crime No.114/2016 for offences punishable under Sections 506 and 507 of the IPC. The police, after investigation, have filed a charge sheet for offences punishable under Sections 506, 507, 107, 201 r/w Section 34 of the IPC. The crime so registered on 4.8.2016 on a complaint made by the complainant for offences punishable under Sections 506 and 507 of the IPC are non-cognizanble offences. On a non-cognizable offence, FIR could not have been registered without the same being placed before the learned Magistrate seeking his permission to register the FIR and conduct investigation.

4. Learned High Court Government Pleader would produce the records pertaining to the lis wherein endorsement is issued by the learned Magistrate upon the communication sent by the first respondent as “perused, permitted”. With such endorsement, the investigation takes place and charge sheet is filed by the police. The Co-ordinate benches of this Court, in plethora of cases, have held such endorsements would not suffice and cannot stand the scrutiny of law, as permission should be granted by the learned Magistrate, on application of judicious mind. In one such decision rendered by the Co-ordinate Bench of this Court in Crl.P.No.101632/2021 and connected cases, disposed of on 21.9.2021, this Court has held as follows:

“4. The main ground of attack by the petitioner in respective petitions is that the offence alleged is under Section 78(3) of K.P. Act. 1963 and it is a non cognizable offence. Before proceeding to investigate the offence the Police ought to have taken prior permission from the concerned court as required under Section 155(2) of Cr.P.C. Therefore, there is no compliance of Section 155(2) of Cr.P.C. It is further contended that even if the permission from the Magistrate was obtained, it is not in accordance with the guidelines issued in Vaggeppa Gurulinga Jangaligi (Jangalagi) V/s. The State of Karnataka, reported in 2020 KAR 630. Learned HCGP has contended that in som