ASHWATHAPPA Vs. STATE OF KARNATAKA AND ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned SPP-II who takes notice for the respondents.

(2.) The learned counsel for the petitioner has sought for quashing of the entire proceedings in CC No.587/2013 on the file of the Civil Judge & JMFC, Pavagada on the short ground that non taking of permission by the police for investigation u/S.155(2) of Cr.P.C., and the cognizance taken by the court is bad in law. This particular aspect has been dealt in detail by this court in a decision, between Moin Basha Kurnooli v. The State of Karnataka, 2015 1 AIRKarR 1 by Cowl Bazaar Police Station, Bellary and also in the subsequent ruling, between Krishna alias Kumar & others v. State of Karnataka, 2017 1 AIRKarR 40 wherein this court has categorically held that in order to investigate the offence under the Karnataka Police Act, particularly u/S.78(3) of the Karnataka Police Act, which are non- cognizable in nature, permission u/S.155(2) of Cr.P.C., for investigation is an absolute legal requirement.

(3.) On perusal of the entire charge sheet papers and also the order passed by the learned Magistrate, while taking cognizance and also the FIR, there is absolutely no indication that the police have taken any permission u/S.155(2) of Cr.P.C. for the purpose of investigation and to file a report u/S.173 of Cr.P.C. Therefore, the entire proceedings and investigation are vitiated by serious incurable defects and the said entire proceedings amounts to illegality. Therefore, I am of the opinion that the entire proceedings in CC No.587/2013 deserves to be quashed.