SANDEEP S. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These criminal petitions are filed by the petitioner/accused under Sec. 482 of Cr.P.C for quashing the following criminal proceedings, which read as under;

(2.) Learned counsel for the petitioner has strenuously contended that the police have, without obtaining the proper permission under Sec. 155(2) of Cr.P.C by referring the requisition submitted by the informant to the Jurisdictional Magistrate, registered the FIR. In some other cases, the Court permission is not obtained by the police for registering the FIR but the police have directly registered the FIR. In one case, the police to avoid the permission, they directly added the offence punishable under Sec. 420 of IPC along with Sec. 78(3) of Karnataka Police Act. In all these case, the permission has not been obtained properly by the police and therefore, the petitioner's counsel prays for quashing the criminal proceedings.

(3.) Per contra, the learned HCGP objected the petitions and contended that the police have obtained the permission and after investigation, filed the charge sheet for the offence punishable under Sec. 420 of IPC and question of obtaining permission under Sec. 155 of Cr.P.C does not arise. Therefore, prayed to reject these petitions.