GAUTAM K. KUMAR SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) To quash the first information report and complaint in crime no.25/2020 of Karwar Town Police Station, on the file of the Prl. Civil Judge (Sr.Dn) and CJM, Uttara Kannada registered for the offences punishable under sections 506 & 507 of IPC as against the petitioners i.e. accused no.1 to 3 and pass such other order or orders as this court may deems fit in the circumstances of the case.

(2.) I have heard the learned counsel for the petitioners and learned counsel for respondent No.2.

(3.) In addition to other grounds by the petitioners, learned counsel for the petitioners submits that the impugned proceedings having taken place without complying with the mandatory requirements contained in Sections 155(1) and 155(2) of Cr.P.C, the same are without jurisdiction or authority of law and consequently the same deserves to be quashed on this ground alone. In support of his submission, apart from several judgments relied upon by him, the learned counsel places reliance on the judgment of this Court in the case of Mohammad Niaz Rashid Vs Station House Officer, Magadi Road Police Station, Bangalore, reported in AIRONLINE 2020 KAR 835, wherein this Court at paragraph Nos.8 and 9 has held that in the absence of compliance of Sections 155(1) and 155(2) of Cr.P.C. the entire proceedings are vitiated and deserves to be quashed.