SANDEEPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the proceedings in C.C.No.955/2020 arising out of Crime No.246/2020 for the offence punishable under Sec. 78(3) of the Karnataka Police Act, 1963 (hereinafter referred to as 'the Act' for short).

(2.) The respondent No.2 is the complainant and the petitioner is accused in Crime No.246/2020. On receipt of certain information on 3/6/2020, the respondent No.2 conducts a search in the place of the petitioner and registered a crime in Crime No.246/2020 for the offence punishable under Sec. 78(3) of the Act.

(3.) It is not in dispute that Sec. 78(3) of the Act is a non-cognizable offence and for registration of an F.I.R. on a non-cognizable, permission of the learned Magistrate would be required in terms of Sec. 155 of Cr.P.C. The permission is sought to register crime by the investigating officer/Station House officer on 3/6/2020. Permission so granted by the learned Magistrate is as follows:-