CRL.P. NO.4456/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.4456 OF 2019

BETWEEN :

1.

NARESH KUMAR

S/O NARAYANA DEVADIGA,

AGED ABOUT 36 YEARS,

R/A DHULABETTU PERVAJE ROAD,

KARKALA KASABA VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

2.

CHANDRASHEKARA

S/O MARAGAPPA,

AGED ABOUT 27 YEARS,

R/A NEAR SRI DURGAPARAMESHWARI

KUKKUNDURU VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

3.

SADASHIVA

S/O BABU,

AGED ABOUT 39 YEARS,

R/AT ELLOTTU MANE,

JODURASTE,

KUKKKUNDURU VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

4.

PRABHU

S/O SUNDAR RAJ,

AGED ABOUT 20 YEARS,

R/A MAVINAKATTE, NANDALIKE VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

5.

JAGATHPAL

CRL.P. NO.4456/2019

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S/O ANNU,

AGED ABOUT 52 YEARS,

R/A NEAR RAMERA GUTHU SCHOOL,

MUNDARU VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

6.

MAHABOOB SAB

S/O RAJE SAB,

AGED ABOUT 33 YEARS,

R/AT MAHOOB MANZIL,

ATTURU CHRUCH ROAD,

KASABA VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

7.

CHANDRASHEKHARA

S/O RAMA POOJARY,

AGED ABOUT 40 YEARS,

R/A SRIMATHI NIVASA, KANAGI,

HIRGANA VILLAGE,

KARKALA TALUK,

UDUPI DISTRICT-574104

... PETITIONERS

(BY SHRI NISHIT KUMAR SHETTY, ADVOCATE)

AND :

STATE OF KARNATAKA

BY KARAKALA TOWN POLICE STATION,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU - 560001.

... RESPONDENT

(BY SMT. K.P.YASHODHA, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C. BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT

THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE

PROCEEDINGS IN C.C.NO.437/2019 (CR.NO.173/2018 OF KARKALA

TOWN POLICE STATION) PENDING ON THE FILE OF PRINCIPAL CIVIL

JUDGE AND J.M.F.C., KARKALA FOR THE OFFENCES P/U/Ss.79 AND 80

OF KARNATAKA POLICE ACT, 1963.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:-

CRL.P. NO.4456/2019

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ORDER

Heard Sri Nishit Kumar Shetty, learned Advocate

for petitioners and Smt. K.P.Yashoda, learned HCGP for

respondent-State.

2.

Petitioners

have

challenged

proceedings

initiated against them for violation of Sections 79 and 80

of Karnataka Police Act alleging that they were involved

in playing Andhar – Bahar.

3.

Learned advocate for the petitioners submits

that the said offences are non-cognizable and the learned

Magistrate has granted permission without applying his

mind. He has made available a copy of requisition

submitted by the Sub-Inspector of Karkala Town Police

Station, Udupi. A perusal of the said requisition shows

that the learned Magistrate has endorsed as ‘permitted’.

No reasons are recorded for granting permission.

CRL.P. NO.4456/2019

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4. This Court has taken a consistent view that a

mere endorsement made by the learned Magistrate as

‘permitted’ without recording reasons is not a speaking

order. [See- The Padubidri Members Lounge and

others Vs. Director General and Inspector General

of Police and others (W.Ps.No.42073-42075/2018

D.D. 3.10.2018)].

5. In the circumstances, this petition merits

consideration

and

it

is

accordingly

allowed.

All

proceedings in C.C.No.437/2019 (Crime No.173/2018)

pending on the file of Principal Civil Judge and JMFC,

Karkala are quashed so far as petitioners are concerned.

No costs.

Sd/-

JUDGE

nvj