PRASANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this petition praying to quash the proceedings in Cr.No.393/2015 of Jayanagar Police Station, Bengaluru City, pending on the file of Metropolitan Magistrate Traffic Court-V, Bengaluru.

(2.) A case in Cr.No.393/2015 of Jayanagar Police Station, Bengaluru City, has been registered against the petitioners for the offences punishable under Secs.79, 80, 78(3) of K.P.Act. At the stage of investigation, the petitioners have filed this petition praying to quash the proceedings on the ground that offences were non-cognizable and the case is registered after conducting raid which cannot be sustained in law.

(3.) The learned counsel for the petitioners submitted that the case is registered after conducting raid for the offences punishable under Secs.78(3), 79 and 80 of K.P.Act. The offences are non-cognizable. Therefore without registering the case and without obtaining permission of the Magistrate, the offence could not have been investigated. Therefore, the proceedings are vitiated in law. In support of his submission, he placed reliance on the decisions of this court in Crl.P.No.5284/2015 and Crl.P.No.346/2016 disposed of on 28.10.2015 and 12.2.2016 respectively.