VAGGEPPA GURULINGA JANGALIGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. seeking to quash the entire proceedings in CC No.3397/2019 pending on the file of IV Additional Civil Judge, Athani for the offence punishable under Section 87 of the Karnataka Police Act (hereinafter referred to as "K.P.Act" for short).

(2.) The brief facts of the case are as follows:-

(3.) The petitioner has stated that the complaint is misconceived, and the alleged offence is non-cognizable as per the Code of Criminal Procedure 1973. Therefore, the police have no authority to investigate the crime. It is further submitted that the police have not complied with mandatory requirement of Section 155 of Cr.P.C. When the officer in-charge of the police station received information regarding commission of non-cognizable offence, he shall enter the same in a book to be maintained by the said officer and refer the informant to the Magistrate. Further, Subsection (2) of Section 155 of Cr.P.C. mandates that no police officer shall investigate a non-cognizable case without order of a Magistrate having power to try such case or commit such case for trial. The petitioner has further stated that there is no iota of evidence that the above said mandatory requirement are complied with. There is no speaking order by the jurisdictional Magistrate permitting the police to take up investigation. Therefore, the proceedings initiated against the petitioner who is arrayed as accused No.4 in the charge sheet are liable to be quashed.