K.MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the proceedings in C.C.No.21491/2018 registered for the offence punishable under Sec. 441 of the Karnataka Municipal Corporations Act, 1976 (for short 'the Act'), pending before the Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.17/2017.

(2.) Heard Sri Sandesh J. Chouta, learned senior counsel appearing for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1.

(3.) Learned senior counsel appearing for the petitioner would submit that the issue in the lis stands covered by plethora of judgments, whereby, inadvertence in obtaining permission from the hands of the learned Magistrate for registering an offence, which is non- cognizable. The allegation in the case at hand is for an offence punishable under Sec. 441 of the Act, which is admittedly non-cognizable and the record would reveal that the permission is not obtained from the learned Magistrate for the offence punishable under Sec. 441 of the Act. Apart from the fact that no permission is being taken from the learned Magistrate, the proceedings would be vitiated.