MUNIRATHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Petition seeks quashment of FIR in Crime No.222/2018 of Kamakshipalya Police Station, Bengaluru. The FIR alleges offences punishable u/Ss 3 and 7 of the Essential Commodities Act, 1955, Sec. 123(A) of the Representation of People Act, 1951 and Ss. 188 and 171E of the IPC, 1860.

(2.) learned Sr. Advocate appearing for the Petitioner argues that no search and investigation can be undertaken by the Police for the offences punishable u/Ss 3 and 7 of the EC Act, in the absence of a complaint filed by the competent authority as provided under Paragraph No.16 of Karnataka Essential Commodities Public Distribution System (Control) Order; in respect of electoral offences punishable u/Ss 171E and 188 of IPC, unless the bar enacted in Sec. 195 of Cr.P.C. 1973 is jumped, the Police have no role; lastly, the allegations as to the violation of Sec. 123A of 1951 Act is concerned, they are ridiculous since no offence is enacted there. Learned Addl. SPP appearing for the Respondents opposed the Petition making submission in justification of the impugned proceedings.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is broadly in agreement with the submissions made on behalf of the Petitioner. Firstly, the complaint in respect of EC Act is not lodged by the competent authority. Learned counsel is right in saying that even for undertaking search and seizure, the sanction of the authority is a must. This apart, Sec. 11 bars taking of cognizance of any offence punishable under the provisions of the Act except on a report of the particular public servant.