PUTTASWAMY GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are before this Court for quashing of proceedings pending in C.C.No.960/2016 for the offences punishable under Sections 3 & 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (for short 'Act').

(2.) Channarayapatna police on receiving credible information on 11.07.2015 and having obtained warrant from Deputy Superintendent of Police under Section 81(2) of the Karnataka Police Act, searched residential premises of the petitioner and arrested petitioner apart from seizing certain materials. Panchanama came to be drawn at the spot as per Annexure-D between 6.30 p.m. to 8.00 p.m. on 11.07.2015. FIR in crime No.213/2015 came to be registered by Channarayapatna police at 8.15 p.m. on 11.07.2015. Subsequent to completion of investigation, charge sheet came to be filed for the offences punishable under Sections 3 & 4 of the Act and Section 420 IPC. Hence, petitioner has sought for quashing of said proceedings.

(3.) It is the contention of Sri N Dilli Rajan, learned Advocate appearing for petitioner that offences alleged against petitioner being cognizable offence, as per dicta laid down by Hon'ble Apex Court in the case of LALITA KUMARI vs GOVERNMENT OF UTTAR PRADESH reported in (2014) 2 SCC 1 when jurisdictional police receive credible information with regard to a cognizable offence, ought to have noted down the same in general diary/station house diary before proceeding to such investigation and registration of FIR and this exercise has not been undertaken by the first respondent - police which is contrary to Section 154(1) Cr.P.C. as well as dicta laid down by Hon'ble Apex Court. Hence, he has sought for quashing of said proceedings. He would rely upon judgment of co-ordinate Bench of this Court in Crl.P.No.101394/2014 and Crl.P.No.100590/2017.