SWAMY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Accused No.1 to 11 are before this Court calling in question the Crime No.62/2021 registered for offence punishable under Sec. 87 of the Karnataka Police Act, 1963, pending on the file of the Additional Civil Judge (Jr. Dn.) and J.M.F.C., Court, Channarayapatana, Hassan in C.C.No.1150/2021.

(2.) The Police after investigation claim to have filed the charge sheet as well. The offences so alleged against the petitioners are the ones punishable under Sec. 87 of the Karnataka Police Act, 1963 (for short 'the Act').

(3.) In the case at hand, the permission that is taken from the hands of the learned Magistrate is 'permitted'. Such endorsements have been found fault with by several Benches of this Court in plethora of judgments. One such is in the case of Vaggeppa Gurulinga Jangaligi. (Jangaligi) vs. The State of Karnataka reported in ILR 2020 KAR 630, wherein a co- ordinate Bench of this Court has held as follows: