BABASAB KUTBUDDIN NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Batch of petitions, petitioners have sought to quash theiminal proceedings initiated against them for the alleged offences punishable under Sections 78(3) of the Karnataka Police Act, 1963 ('the KP Act', for short) on the ground of non-compliance of the mandatory requirements prescribed under Section 155(2) of the Code of Criminal Procedure.

(2.) (I) The common contentions urged in all these petitions are that, the offence alleged against the respective petitioners is a non-cognizable offence and by virtue of the safeguard provided under Section 155(2) of Cr.P.C., the respondent Police could not have embarked upon investigation into the alleged offence, without the order of a Magistrate having power to try such case.

(3.) In Crl.P.No.3365/2016 and connected matters, this Court followed the decision rendered by the Coordinate Bench of this Court in Moin Basha Kurnooli Vs. The State of Karnataka by Cowl Bazaar Police Station, Bellary, 2014 4 KCCR 3355, wherein on analysing the relevant provisions of the Code of Criminal Procedure and the Karnataka Police Act, 1963, it is held that the offence under Section 78(3) of the KP Act is a non-cognizable offence, the investigation whereof by a Police Officer is prohibited without prior order of the concerned Magistrate. Further this Court has laid down that the provisions of Section 155(2) of Cr.P.C. is mandatory in nature and failure to comply with the said mandatory requirement is an incurable defect amounting to illegality vitiating the entire proceedings.