HENRAUX INDIA P LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners in the above petitions have sought for quashing of further proceedings in C.C. Nos. 367/2008, 67/2007, 72/2007, 72/2007, 70/2007, 365/2008. FOC No. 102/06-7 and in C.C. No. 78/2007 pending on the file of the Court of Civil Judge (Jr. Dn.) & JMFC, Kanakapura.

(2.) Learned Counsel appearing for the Petitioners submits that the offences alleged in these cases are non cognizable in nature as they are punishable for imprisonment for less than 3 years or with fine only and the Respondent could not have investigated the same without obtaining prior permission of the jurisdictional Magistrate and therefore he prays for quashing of further proceedings in the aforesaid criminal cases pending on the file of the Court of Civil Judge (Jr. Dn.) & JMFC, Kanakapura.

(3.) Learned H.C.G.P. appearing for the State fairly submits that the Respondent has investigated the matter and filed charge-sheet to the Trial Court without obtaining prior permission of the jurisdictional Magistrate and he prays that the Respondent may be given liberty to obtain permission of the jurisdictional Magistrate and proceed with the matter in accordance with law.