T. NAGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition which is filed seeking quashing of the proceedings pending in CC.No.897/2013 on the file of Court of JMFC (III), Mysore, arising out of Crime No.150/2013 of Saraswathipuram Police Station for offences punishable under Sections 323, 504, 506 r/w 149 of IPC, has come up this day for admission.

(2.) Heard the counsel for petitioners as well as Government Pleader on behalf of respondent regarding admission. Perused the grounds of petition as well as the order sheet maintained in CC.No.897/2013 on the file of Court of JMFC (III), Mysore, complaint, FIR, charge sheet, statements of witnesses and other material available on record. Admittedly, the proceeding initiated pursuant to complaint in Crime No.150/2013 is in respect of non cognizable offence. The investigation with reference to complaint which refers to non cognizable offence will have to be investigated pursuant to an order that is required to be passed by the learned Magistrate as envisaged under Section 155(2) of Cr.P.C. In the instant case, the learned Government Pleader appearing for respondent- State fairly submits that the investigation is taken up by the Saraswathipuram Police based on the complaint registered in Crime No.150/2013 without securing necessary sanction from the jurisdictional Magistrate i.e., Court of JMFC (III), Mysore. Therefore, investigation which is conducted by first respondent and the charge sheet pursuant thereof is without proper sanction. Hence the same is required to be quashed.

(3.) Accordingly, this criminal petition is allowed. The proceedings in Crime No.150/2013, which is registered as CC.No.897/2013 pending on the file of Court of JMFC (III), Mysore, is quashed.