SIDDANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD both sides.

(2.) BY this petition the petitioner who is accused in Crime No. 191/94 of Bijapur Rural P. S. registered against him and four others for offences under Section 171 (4) read with Section 109, I. P. C. seeks quashing of the investigation of the crime by the concerned police on the ground that the alleged offences are non-cognizable offences and, therefore, the police have no jurisdiction to investigate into the same.

(3.) ON the first information of one Vijayakumar Patil received by the S. H. O. through the concerned Election Officer, the said Crime No. 191/94 was booked against petitioner and four others on 29-11-1994 at about 11. 15 p. m. The place of incident is shown as at a distance of 5 K. ms. from the said police station. Immediately after registration of the crime the S. H. O. (PSI) proceeded to the spot where co-accused Nos. 2 to 5 were present in an Ambassador car bearing No. MYB 27. Then they arrested by the PSI and the said car together with the cash, two note books and voters list were seized by him under a panchanama in the presence of panchas during the same night between 1 a. m. and 2 a. m. Thereafter, on the following morning he despatched the F. I. R. to the concerned Magistrate together with the said seizure panchanama and the case diary, which papers were received by the Magistrate on 22-11-1994 at 8 a. m. Along with those investigation papers an application was also submitted to the learned Magistrate requesting for permission to carry on further investigation. The learned Magistrate put his endorsement on that application itself granting the requisite permission.