Karnataka High Court

Mehaboob Khairuddin Kotwal vs The State Of Karnataka on 26 April, 2018

Author:
John Michael Cunha

Bench:
John Michael Cunha

:1:

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 26TH DAY OF APRIL, 2018

BEFORE

THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.102152/2017
C/w.
CRIMINAL PETITION NOs.102140/2017, 102150/2017,
102151/2017, 102153/2017, 102154/2017, 102155/2017,
102156/2017, 102157/2017, 102158/2017, 102159/2017,
102161/2017, 102160/2017, 102177/2017, 102178/2017,
102179/2017, 102180/2017, 102181/2017, 102183/2017,
102182/2017, 102184/2017, 102185/2017, 102186/2017,
102187/2017, 102188/2017, 102189/2017, 102190/2017,
102191/2017, 102279/2017, 102280/2017, 102281/2017, &
100189/2018

IN CRL.P NO 102152 OF 2017

BETWEEN:

1. SRI BABASAB KUTBUDDIN NADAF
AGED ABOUT 50 YEARS, OCC:COOLIE
R/O. MORAB, TQ:RAIBAG

2. SRI SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC:AGRICUALTURE
R/O. KUDACHI, TQ:RAIBAG
DIST:BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION
BELAGAVI DISTRICT
NOW REP. BY STATE P.P
HIGH COURT OF KARNATAKA BUILDING
DHARWAD BENCH, DHARWAD.
... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)
:2:

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.24.11.2015 REGISTERED IN KUDACHI PS CRIME NO.299 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.179 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO 102140 OF 2017

BETWEEN:

1. MEHABOOB KHAIRUDDIN KOTWAL
AGED: 27 YEARS, OCC: COOLIE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.

2. SRI.ALIMURTUZA DADEPEER CHAMANMALIK
AGED: ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
30.07.2015 REGISTERED IN KUDACHI PS CRIME NO.174 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.572 OF 2015 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE
ACT ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN
SO FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS
:3:

THE SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN
LAW IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102150 OF 2017

BETWEEN:

1. SRI. ALIMURTUZA DADEPEER CHAMANMALIK
AGED ABOUT 46 YEARS,
OCC:AGRICUALTURE

2. SRI SAHEBHUSSAIN DADEPEER CHAMANMALIK
AGED ABVOUT 40 YEARS, OCC:AGRICUALTURE

BOTH R/O. KUDACHI , TQ:RAIBAG
DIST:BELAGAVI
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION
BELAGAVI DISTRICT
NOW REP. BY STATE P.P
HIGH COURT OF KARANTAKA BUILDING
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
15.04.2016 REGISTERED IN KUDACHI PS CRIME NO.78 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.444 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
:4:

IN CRL.P NO. 102151 OF 2017

BETWEEN:

1. SRI SAHEBHUSSAIN DADEPEER CHAMANMALIK
AGED ABVOUT 40 YEARS, OCC:AGRICUALTURE

2. SRI. ALIMURTUZA DADEPEER CHAMANMALIK
AGED ABOUT 46 YEARS, OCC:AGRICUALTURE

BOTH R/O. KUDACHI , TQ:RAIBAG
DIST:BELAGAVI
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION
BELAGAVI DISTRICT
NOW REP. BY STATE P.P
HIGH COURT OF KARANTAKA BUILDING
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, ADVOCATE)
---

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
25.06.2016 REGISTERED IN KUDACHI PS CRIME NO.135 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.629 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102153 OF 2017

BETWEEN:

1. SRI MEHABOOB KHAIRUDDIN KOTAWAL
AGED ABOUT 26 YEARS, OCC:COOLIE
:5:

2. SRI SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC:AGRICUALTURE
BOTH R/O. KUDACHI, TQ:RAIBAG
DIST:BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION
BELAGAVI DISTRICT
NOW REP. BY STATE P.P
HIGH COURT OF KARANTAKA BUILDING
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
20.11.2015 REGISTERED IN KUDACHI PS CRIME NO.293 OF 2015
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.63 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102154 OF 2017

BETWEEN:

1. SRI NOORAHAMED BASHA TAMBOLI
AGED ABOUT 50 YEARS, OCC:COOLIE

2. SRI SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC:AGRICUALTURE
BOTH R/O. KUDACHI, TQ:RAIBAG
DIST:BELAGAVI.
... PETITIONERS

(BY SRI. RAMACHANDRA MALI, ADVOCATE)
:6:

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION
BELAGAVI DISTRICT
NOW REP. BY STATE P.P
HIGH COURT OF KARANTAKA BUILDING
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
22.01.2016 REGISTERED IN KUDACHI PS CRIME NO.11 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.143 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONERS HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102155 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
:7:

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
01.06.2016 REGISTERED IN KUDACHI PS CRIME NO.116 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.601 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO 102156 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
31.05.2016 REGISTERED IN KUDACHI PS CRIME NO.114 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.602 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
:8:

IN CRL.P NO. 102157 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER

(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
16.07.2016 REGISTERED IN KUDACHI PS CRIME NO.145 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.688 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102158 OF 2017

BETWEEN:

1. SRI.ALTAF BAVARUDDIN MAVEGAR
AGED ABOUT 43 YEARS,
OCC: COOLIE, R/O: KUDACHI,
TQ: RAIBAG, DIST: BELAGAVI.
:9:

2. SRI.SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DAHRWAD BENCH, DAHRWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
02.09.2016 REGISTERED IN KUDACHI PS CRIME NO.177 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.900 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102159 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)
: 10 :

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
24.10.2016 REGISTERED IN KUDACHI PS CRIME NO.210 OF 2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.1051 OF 2016 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SEC.78(3) OF KARNATAKA POLICE ACT ON
THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319 OF 2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365 OF 2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102160 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)
: 11 :

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DTD.
12.05.2017 REGISTERED IN KUDACHI PS CRIME NO.78 OF 2017
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.585 OF 2017 REGISTERED FOR THE OFFENCE
PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT ON THE
FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO FAR AS
THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102161 OF 2017

BETWEEN:

SRI. SAHEBHUSSEIN DADEPEER CHAMANMALIK
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.22.05.2017 REGISTERED IN KUDACHI PS CRIME NO.88 OF
2017 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.586 OF 2017 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
: 12 :

IN CRL.P NO. 102177 OF 2017

BETWEEN:

SRI .PRAKASH SADASHIV PATIL
AGED: 32 YEARS, OCC: AGRICULTURE,
R/O: CHINCHLI DESAI GALLI, TQ: RAIBAG.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.17.08.2015 REGISTERED IN KUDACHI PS CRIME NO.201 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.575 OF 2015 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102178 OF 2017

BETWEEN:

SRI .PRAKASH SADASHIV PATIL
AGED: 33 YEARS, OCC: AGRICULTURE,
R/O: CHINCHLI DESAI GALLI,
TQ: RAIBAG.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)
: 13 :

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.14.12.2015 REGISTERED IN KUDACHI PS CRIME NO.329 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.926 OF 2015 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102179 OF 2017

BETWEEN:

1. SRI.SURESH SHRISHAIL GUNDEWADI
AGED: ABOUT 21 YEARS, OCC: COOLIE,
R/O: CHINCHLI, TQ: RAIBAG, DIST: BELAGAVI.

2. SRI.PRAKASH SADASHIV PATIL
AGED: 32 YEARS, OCC: AGRICULTURE,
R/O: CHINCHLI DESAI GALLI,
TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
: 14 :

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.5.5.2016 REGISTERED IN KUDACHI PS CRIME NO.95/2016
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.620/2016 REGISTERED FOR THE OFFENCE PUNISHABLE
U/SEC.78(3) OF KARNATAKA POLICE ACT ON THE FILE OF ADDL.
CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR AS THE SAME RELATE
TO THE PETITIONERS HEREIN, AS THE SAME BEING VITIATED,
ILLEGAL AND NOT SUSTAINABLE IN LAW IN VIEW OF THE LAW
LAID DOWN BY THIS COURT IN CRL.P.NO.100319/2014 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 25.7.2014 AND
IN CRL.P.NO.3365/2016 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102180 OF 2017

BETWEEN:

1. SRI.JAGADISH ANNAPPA HONAKHANDE
AGED: ABOUT 31 YEARS,
R/O: KUDACHI, TQ: RAIBAG,
DIST: BELAGAVI.

2. SRI.PRAKASH SADASHIV PATIL
AGED: 32 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI, TQ. RAIBAG
DIST. BELAGAVI
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.12.08.2016 REGISTERED IN KUDACHI PS CRIME NO.154 OF
2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.786 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
: 15 :

ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102181 OF 2017

BETWEEN:

SRI .PRAKASH SADASHIV PATIL
AGED: 32 YEARS, OCC: AGRICULTURE,
R/O: CHINCHLI DESAI GALLI,
TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.03.03.2017 REGISTERED IN KUDACHI PS CRIME NO.33 OF
2017 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.245 OF 2017 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
: 16 :

CRL.P NO. 102182 OF 2017

BETWEEN:

1. SRI. PRAKASH SADASHIV PATIL
AGED: 36 YEARS, OCC: COOLIE,
R/O: CHINCHALI VILLAGE
TQ: RAIBAG, DIST: BELAGAVI.

2. SRI.BHARAMU KAREPPA NAIK
AGED: ABOUT 50 YEARS, OCC: COOLIE,
R/O: CHINCHLI, TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.05.07.2017 REGISTERED IN KUDACHI PS CRIME
NO.106/2017 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.823/17 REGISTERED FOR THE OFFENCE
PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT ON THE
FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR AS
THE SAME RELATE TO THE PETITIONERS HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102183 OF 2017

BETWEEN:

1. AJIT PARASHURAM KOLI
AGED: ABOUT 26 YEARS,
OCC: COOLIE, R/O: CHINCHALI VILLAGE,
TQ: RAIBAG, DIST: BELAGAVI.
: 17 :

2. SRI.PRAKASH SADASHIV PATIL
AGED: ABOUT 32 YEARS,
OCC: COOLIE,
R/O: CHINCHALI VILLAGE,
TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.17.07.2017 REGISTERED IN KUDACHI PS CRIME
NO.118/2017 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.830/2017 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO
FAR AS THE SAME RELATE TO THE PETITIONERS HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102184 OF 2017

BETWEEN:

SRI .PRAKASH SADASHIV PATIL
AGED: 32 YEARS, OCC: AGRICULTURE,
R/O: CHINCHALI, TQ: RAIBAG, DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
: 18 :

NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR DATED
03.03.2017 REGISTERED IN KUDACHI P.S. CRIME NO. 34 OF 2017
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO. 246 OF 2017 REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC RAIBAG IN SO FAR
AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE SAME
BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN
VIEW OF THE LAW LAID DOWN BY THIS COURT IN CRL.P. NO.
100319 OF 2014 AND OTHER CONNECTED MATTERS DISPOSED OF
ON 25.07.2014 AND IN CRL. P. NO. 3365 OF 2016 AND OTHER
CONNECTED MATTERS DISPOSED OF ON 07.04.2017.

IN CRL.P NO. 102185 OF 2017

BETWEEN:

SRI. BABASAHEB KHUTUBUDDIN NADAF
AGED ABOUT 50 YEARS, OCC: COOLIE,
R/O: MORAB, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.15.04.2015 REGISTERED IN KUDACHI PS CRIME NO.75 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.369 OF 2015 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
: 19 :

ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102186 OF 2017

BETWEEN:

SRI. BABASAHEB KHUTUBUDDIN NADAF
AGED ABOUT 50 YEARS, OCC: COOLIE,
R/O: MORAB, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
---

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.3.9.2015 REGISTERED IN KUDACHI PS CRIME NO.229/2015
AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS
IN C.C.NO.633/2015 REGISTERED FOR THE OFFENCE PUNISHABLE
U/SEC.78(3) OF KARNATAKA POLICE ACT ON THE FILE OF ADDL.
CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR AS THE SAME RELATE
TO THE PETITIONER HEREIN, AS THE SAME BEING VITIATED,
ILLEGAL AND NOT SUSTAINABLE IN LAW IN VIEW OF THE LAW
LAID DOWN BY THIS COURT IN CRL.P.NO.100319/2014 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 25.7.2014 AND
IN CRL.P.NO.3365/2016 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 7.4.2017.
: 20 :

IN CRL.P NO. 102187 OF 2017

BETWEEN:

SRI. BABASAHEB KHUTUBUDDIN NADAF
AGED ABOUT 51 YEARS, OCC: COOLIE,
R/O: MORAB,TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.05.02.2016 REGISTERED IN KUDACHI PS CRIME NO.40 OF
2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.177 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102188 OF 2017

BETWEEN:

1. KEMPANNA TIPPANAN JUTADAR
AGED ABOUT 48 YEARS,
OCC: COOLIE,
R/O: NIPPANAL, TQ: RAIBAG.
: 21 :

2. SRI.BABSAHEB KUTUBUDDIN NADAF
AGED ABOUT 50 YEARS,
OCC: COOLIE,
R/O: MORAB, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONERS
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
--

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.07.05.2016 REGISTERED IN KUDACHI PS CRIME NO.100 OF
2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.450 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102189 OF 2017

BETWEEN:

SRI. BABASAB KHUTUBUDDIN NADAF
AGED ABOUT 50 YEARS, OCC: COOLIE,
R/O: MORAB VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)
: 22 :

AND:

THE STATE OF KARNATAKA
REP. BY HARUGERI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.21.10.2016 REGISTERED IN HARUGERI PS CRIME
NO.242/2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.961/2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102190 OF 2017

SRI. BABASAHEB KHUTUBUDDIN NADAF
AGED ABOUT 50 YEARS, OCC: COOLIE,
R/O: MORAB VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY HARUGERI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
: 23 :

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.24.10.2016 REGISTERED IN HARUGERI PS CRIME
NO.245/2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.969/2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 102191 OF 2017

SRI. BABASAB KHUTUBUDDIN NADAF
AGED ABOUT 48 YEARS, OCC: COOLIE,
R/O: MORAB, TQ: RAIBAG,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP. BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP. BY STATE P.P.,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.28.12.2013 REGISTERED IN KUDACHI PS CRIME
NO.373/2013 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.226/2014 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
: 24 :

IN CRL.P NO. 102279 OF 2017

BETWEEN:

SRI. ALIMURTUZA DADEPEER CHAMANMALIK
AGED ABOUT 46 YEARS, OCC:AGRICULTURE,
R/O. KUDACHI, TQ:RAIBAG,
DIST:BELAGAVI.
... PETITIONER
(BY SRI. RAMACHANDRA MALI, )

AND:

THE STATE OF KARNATAKA
REP.BY HARUGERI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP.BY STATE P.P,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.18.02.2016 REGISTERED IN KUDACHI PS CRIME NO.69 OF
2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.241 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.
IN CRL.P NO. 102280 OF 2017

BETWEEN:

SRI. ALIMURTUZA DADEPEER CHAMANMALIK
AGED ABOUT 46 YEARS, OCC:AGRICULTURE,
R/O. KUDACHI, TQ:RAIBAG, DIST: BELAGAVI.
... PETITIONER

(BY SRI. RAMACHANDRA MALI, ADVOCATE)
: 25 :

AND:

THE STATE OF KARNATAKA
REP.BY AIGALI POLICE STATION,
BELAGAVI DISTRICT,
NOW REP.BY STATE P.P,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.03.10.2016 REGISTERED IN AIGALI PS CRIME NO.179 OF
2016 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.1619 OF 2016 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, ATHANI, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO 102281 OF 2017

BETWEEN:

SRI. CHANDRAKANT @ CHANDU VIRUPAX SHIRAGANVE
AGE:32 YEARS, OCC:COOLIE,
R/O. MORAB, TQ:RAIBAG,
DIST:BELGAUM.
... PETITIONER
(BY SRI.RAMACHANDRA MALI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP.BY KUDACHI POLICE STATION,
BELAGAVI DISTRICT, NOW REP.BY STATE P.P,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH, DHARWAD.
... RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, HCGP)
: 26 :

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR
DTD.18.08.2015 REGISTERED IN KUDACHI PS CRIME NO.207 OF
2015 AND ALSO THE CHARGE SHEET AND THE ENTIRE
PROCEEDINGS IN C.C.NO.577 OF 2015 REGISTERED FOR THE
OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG, IN SO
FAR AS THE SAME RELATE TO THE PETITIONER HEREIN, AS THE
SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW
IN VIEW OF THE LAW LAID DOWN BY THIS COURT IN
CRL.P.NO.100319/2014 AND OTHER CONNECTED MATTERS
DISPOSED OF ON 25.7.2014 AND IN CRL.P.NO.3365/2016 AND
OTHER CONNECTED MATTERS DISPOSED OF ON 7.4.2017.

IN CRL.P NO. 100189 OF 2018

BETWEEN:

1. GANGADHAR S/O MOTILALASA MISKIN
AGE: 46 YEARS, OCC: BUSINESS,
R/O: OLD HUBBALLI, CHANNAPETH,
TQ: HUBBALLI, DIST: DHARWAD.

2. RAMESH AMBASH ATHANI
AGE: 36 YEARS, OCC: BUSINESS,
R/O: OLD HUBBALLI, ARVIND NAGAR,
VIVEKANAND SCHOOL NEAR,
TQ: HUBBALLI, DIST: DHARWAD.

3. ALLTAP S/O ALLBHAKSHA KITTURU
AGE: 39 YEARS, OCC: AUTO CONSULTANT,
R/O: GANESH PETH, MUKKERI GALLI,
BEHIND KAREMMA TEMPLE,
HUBBALLI, DIST: DHARWAD.

4. BHASKAR ALIES VINAYAK
S/O KRISHNSA METRANI,
AGE: 33 YEARS, OCC: BUSINESS COMPUTER SERVICE,
R/O: BHAKALE GALLI, NEAR TO GANESH TEMPLE,
CBT HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.

5. PARSHURAM S/O RAMACHANDRASA PAWAR
AGE: 39 YEARS, OCC: BUSINESS,
R/O: ARVINDNAGAR,
INFRONT OF VIVEKAND SCHOOL,
OLD HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
: 27 :

6. RAJU S/O KRISHNSA IRKAL
AGE: 46 YEARS, OCC: BUSINESS,
R/O: ARVIND NAGAR,
BEHIND VIVEKAND SCHOOL,
OLD HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.

7. CHANDRAKANTH GANAPATAS PAWAR
AGE: 34 YEARS, OCC: BUSINESS,
R/O: ARVIND NAGAR,
BEHIND VENKATESHWAR TEMPLE,
OLD HUBBALI, TQ: HUBBALLI,
DIST: DAHRWAD.

8. GANESH S/O SHANKARSA MEHARAWADE
AGE: 34 YEARS, OCC: BUSINESS,
R/O: GANESH NAGAR,
NEAR TO GANESH TEMPLE,
OLD HUBBALLI, TQ: HUBBALLI,
DIST: DHARWAD.
... PETITIONERS
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
PSI KASABAPETH POLICE STATION,
HUBBALLI, DIST: DHARWAD,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA, AT: DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE PROCEEDINGS AGAINST
PETITIONERS/ACCUSED NOS. 1 TO 6 AND 8 TO 9 IS CONCERNED
IN C.C.NO.2338/2015 (CRIME NO.11/2015) PENDING ON THE FILE
OF THE JMFC II COURT, HUBBALLI, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 78 (3) OF KARNATAKA POLICE ACT
1963.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 23.03.2018 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
: 28 :

COMMON ORDER

In this batch of petitions, the petitioners have sought

to quash the criminal 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.

(ii) In Support of this contention, the learned counsel

has referred to the decisions of this Court in the case of

Nabisab S/o Shek Imamsab V/s State of Karnataka

(Crl.P.3365/2016 and connected matters disposed on

07.04.2017) as well as the other decisions rendered by this

Court in the Case of Sharath @ Salim V/s The State of

Karnataka (Crl.P.No.101833/2015 and connected petitions

: 29 :

disposed on 18.12.2015), wherein this Court following the

decision passed by this Court in batch of petitions in

Crl.P.No.100319/2014 has held that non-compliance of the

mandatory requirements under
Section 155(2)
of Cr.P.C.

would render the proceedings illegal and invalid.

(iii) The learned counsel has also produced a copy of

the order passed by the Hon'ble Supreme Court of India in

S.L.P.Nos.8567-8580/2016 arising out of the common order

passed by this Court in Crl.P.No.100319/2014. The said

S.L.P.Nos.8567-8580/2016 is dismissed by the Hon'ble

Supreme Court of India, thereby confirming the orders

passed by this Court in Crl.P.No.100319/2014.

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,

reported in 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.

: 30 :

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.

4. In Praveen Basavanneppa Shivalli Vs. State

of Karnataka and Others reported in 2017(1) AKR 461,

this Court has laid down that a mere endorsement made by

the Magistrate on the application submitted by the Police

Officer under
Section 155
of Cr.P.C. as "permitted" is not an

"order" in the eye of law and on that ground also, the

proceedings initiated against the accused are rendered illegal

and are liable to be quashed.

5. Undisputedly, in all these proceedings, the FIR

came to be registered against the petitioners on the basis of

the complaint lodged by the Inspector of the Police of the

respective police stations alleging that on receipt of credible

information that the accused herein were involved in playing

a game of chance by name Matka and were soliciting

customers for the said purpose, the PSI of the respective

police stations made an application to the concerned

: 31 :

Magistrate seeking permission to investigate into the matter

and thereafter rushed to the spot along with his team and

the panchas and found the accused engaged in the alleged

activities, and accordingly, panchanamas were drawn at the

spot and incriminating materials were seized from the spot of

occurrence and FIRs were registered against the respective

accused persons alleging commission of offence punishable

under
Section 78(3)
of KP Act.

6. The details of the cases registered against the

petitioners, respective crime Nos. and the date of the FIR

and the endorsement made by the concerned Magistrate on

the application submitted by the complainant are detailed in

the table hereinbelow:

Sl. Criminal Crime No. FIR date Endorsement CC No. & the Court
No. Petition No. & Police Court
Station
1 102152/2017 299/2015 24.11.2015 179/2016 Addl. JMFC, Raibag
Kudachi PS
2 102140/2017 174/2015 30.7.2015 "Permitted" 572/2005 Addl. JMFC, Raibag
Kudachi PS
3 102150/2017 78/2016 15.4.2016 "Permitted" 444/2016 Addl. JMFC, Raibag
Kudachi PS
4 102151/2017 135/2016 25.6.2016 "Ptted" 629/2016 Addl. JMFC, Raibag
Kudachi PS
5 102153/2017 293/2016 20.11.2015 "Permitted" 63/2016 Addl. JMFC, Raibag
Kudachi PS
6 102154/2017 11/2016 21.1.2016 "Permitted" 143/2016 Addl. JMFC, Raibag
Kudachi PS
7 102155/2017 116/2016 1.6.2016 "Ptted" 601/2016 Addl. JMFC, Raibag
Kudachi PS
8 102156/2017 114/2016 31.5.2016 "Ptted" 602/2016 Addl. JMFC, Raibag
Kudachi PS
9 102157/2017 145/2016 16.7.2016 "Ptted" 688/2016 Addl. JMFC, Raibag
Kudachi PS
10 102158/2017 177/2016 2.9.2016 "Ptted" 900/2016 Addl. JMFC, Raibag
Kudachi PS
11 102159/2017 210/2016 24.10.2016 "Permitted" 1051/2016 Addl. JMFC, Raibag
Kudachi PS

: 32 :

Sl. Criminal Crime No. FIR date Endorsement CC No. & the Court
No. Petition No. & Police Court
Station
12 102160/2017 78/2017 12.5.2017 "Ptted" 585/2017 Addl. JMFC, Raibag
Kudachi PS
13 102161/2017 88/2017 22.5.2017 "Permitted" 586/2017 Addl. JMFC, Raibag
Kudachi PS
14 102177/2017 201/2015 17.8.2015 "Permitted" 575/2015 Addl. JMFC, Raibag
Kudachi PS
15 102178/2017 329/2015 14.12.2015 "Permitted" 926/2015 Addl. JMFC, Raibag
16 102179/2017 95/2016 5.5.2016 "Permitted" 620/2016 Addl. JMFC, Raibag
17 102180/2017 154/2016 12.8.2016 "Ptted" 786/2016 Addl. JMFC, Raibag
18 102181/2017 33/2017 3.3.2017 "Permitted" 245/2017 Addl. JMFC, Raibag
19 102182/2017 106/2017 5.7.2017 "Permitted" 823/2017 Addl. JMFC, Raibag
20 102183/2017 118/2017 17.7.2017 "Permitted" 830/2017 Addl. JMFC, Raibag
21 102184/2017 34/2017 3.3.2017 "Permitted" 246/2017 Addl. JMFC, Raibag
22 102185/2017 75/2015 15.4.2015 Order dtd. 369/2015 Addl. JMFC, Raibag
16.4.15
23 102186/2017 229/2015 3.9.2015 "Permitted" 633/2015 Addl. JMFC, Raibag
24 102187/2017 40/2016 5.2.2016 "Permitted" 177/2016 Addl. JMFC, Raibag
25 102188/2017 100/2016 7.5.2016 "Permitted" 450/2016 Addl. JMFC, Raibag
26 102189/2017 242/2016 21.10.2016 "Permitted" 961/2016 Addl. JMFC, Raibag
Harugeri PS
27 102190/2017 245/2016 24.10.2016 "Permitted" 969/2016 Addl. JMFC, Raibag
Harugeri PS
28 102191/2017 373/2013 28.12.2013 "No 226/2014 Addl. JMFC, Raibag
Kudachi PS permission"

29 102279/2017 69/2016 18.2.2016 "Permitted" 241/2016 Addl. JMFC, Raibag
Harugeri PS
30 102280/2017 179/2016 3.10.2016 "Pertted" 1619/2016 I Addl. JMFC,
Aigali PS Athani
31 102281/2017 207/2015 18.8.2015 "Permitted" 577/2015 Addl. JMFC, Raibag
Kudachi PS
32 100189/2018 11/2015 17.2.2015 2338/2015 JMFC II Court,
Kasabapeth Hubballi
P.S.

7. Undeniably, the offence alleged in each of the

above cases is a non-cognizable offence.
Section 155
of the

Cr.P.C. deals with the procedure of Investigation and

cognizance of non-cognizable cases. It reads as under:

"
Section 155
Information as to non-cognizable
cases and investigation of such cases.

(1) When information is given to an officer in charge
of a police station of the commission within the limits

: 33 :

of such station of a non- cognizable offence, he shall
enter or cause to be entered the substance of the
information in a book to be kept by such officer in
such form as the State Government may prescribe in
this behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non- cognizable
case without the order of a Magistrate having power to
try such case or commit the case for trial.
(3) Any police officer receiving such order may
exercise the same powers in respect of the
investigation (except the power to arrest without
warrant) as an officer in charge of a police station may
exercise in a cognizable case.

(4) Where a case relates to two or more offences of
which at least one is cognizable, the case shall be
deemed to be a cognizable case, notwithstanding that
the other offences are non- cognizable."

8. As per the above provision, when an Officer-in-

charge of the police station received the information as to the

commission of non-cognizable offence, (i) he shall enter or

caused to be entered the substance of the information in a

book to be maintained by the said Officer in a prescribed

form and (ii) refer the informant to the Magistrate. Further,

Sub-Section (2) of
Section 155
Cr.P.C. mandates that no

Police Officer shall investigate a non-cognizable offence

without the order of a Magistrate having power to try such

case or commit such case for trial.

: 34 :

9. In the instant case, the respondent police have

utterly failed to comply with the requirements laid down in

Section 155(1)
and
155(2)
of Cr.P.C. Reading of the

complaints lodged in each case indicate that on receipt of

information, the complainant informed the matter to his

superior officer and thereafter made separate applications to

the concerned Magistrate seeking necessary order for

investigation into the allegations. But before securing the

necessary "order", the complainants in the above cases,

rushed to the spot and commenced investigation even

without registration of the FIR as mandated under
Section
of Cr.P.C. There is nothing on record to show that the

respondent has referred the informant to the concerned

Magistrate as required under
Section 155(1)
of Cr.P.C. or

obtained necessary order as envisaged under
Section 155(2)

of Cr.P.C. before embarking upon investigation. Thus, on the

face of it, the respondents are seen to have committed

blatant violation of the provisions of Sections 155(1) and

155(2) of Cr.P.C.

10. The learned HCGP appearing for the State,

however, has tried to take shelter under the endorsement

obtained by the respondents - Police on the applications

: 35 :

wherein, the learned Magistrate is seen to have made an

endorsement as "permitted". It is argued that this is

substantial compliance of the requirements laid down under

section 155
of Cr.P.C. It is the submission of the learned

HCGP that, in the decision referred to by the learned counsel

for the petitioner, in
Moin Basha Karnooli Vs. State of

Karnataka
(2014 (4) KCCR 3355, as well as in Sharath @

Salim Vs. The State of Karnataka (Crl.P.No.101833/2015 &

connected matters), the Investigating Officer failed to submit

the necessary application and did not obtain any order from

the concerned Magistrate and in that circumstance, this

Court found it appropriate to quash the proceedings on the

ground that the Police failed to comply with the mandatory

requirements prescribed under
Section 155(2)
of Cr.P.C. In

other words, the submission of the learned HCGP is that, in

the instant case, by making necessary application to the

concerned Magistrate, the respondents have substantially

complied with the requirements of
Section 155
of Cr.P.C. and

therefore, there is no irregularity much less any illegality

whatsoever in the action initiated by the respondents against

the petitioners.

: 36 :

11. I am unable to accept the contention urged by

the learned HCGP. This contention has already been

considered by this Court in the case of Praveen B. Shivalli

(supra). Even in the said case, endorsement was made by

the learned Magistrate on the application submitted by the

police as "permitted". Considering the purport of the above

provision and the purpose and object of prescribing such a

pre-requisite, this Court in para 15 of the aforesaid judgment

has observed as under:

"15. In the present case, 2nd respondent having acted
contrary to sub-section (1) of
Section 155
Cr.P.C. and
the learned Magistrate having not passed 'an order',
instead, having made an entry 'permitted', being not
'an order' in the eye of law and in view of the
prohibition contained in sub-section (2) of
S.155

Cr.P.C., the investigation; made and the consequential
charge-sheet filed for the offences under Ss.504, 506
and 323 of
IPC
and the taking of cognizance of those
offences and the issue of non-bailable warrant in the
first instance itself for proceeding further with the case
against the accused are absolutely illegal. It is
obvious that the police and the Magistrate have not
bothered to look into
S.155
Cr.P.C. before proceeding
further in the matter. Non application of mind and
mechanical approach to the case are apparent."

: 37 :

12. In view of the above factual and legal defects

which amount to incurable illegalities and blatant violation of

the mandatory requirements of law, all the above

proceedings are liable to be quashed.

13. Resultantly, all the petitions are allowed. the

FIRs filed in all the above cases as detailed in the table

hereinabove at para 6 and consequent proceedings arising

therefrom are hereby quashed.

Sd/-

JUDGE

gab