- 1 - NC: 2025:KHC:3819 CRL.P No. 818 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 818 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: ADHESH E. V., S/O VARDHAMAN E. V., AGED ABOUT 30 YEARS, OCC: BUSINESSMAN, R/O BEHIND JYOTHI TALKIES, HOSADURGA TOWN, HOSADURGA, CHITRADURGA DISTRICT 577527 …PETITIONER (BY SRI. R. B. DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA SRIRAMPURA POLICE STATION, HIRIYUR SUB - DIVISION CHITRADURGA DISTRICT - 577542 (REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU 560 001) 2. SHRI DHAYANANDA, S/O KARIYAPPA, AGED ABOUT 40 YEARS, OCC: RFO, HOSADURGA SOCIAL FOREST DEPARTMENT, MATTODU HOBI, HOSADURGA, FST OFFICER, 2023 KARNATAKA ASSEMBLY ELECTION/ HOSADURGA ASSEMBLY ELECTION, HOSADURGA TALUK CHITRADURGA DISTRICT - 577527 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3819 CRL.P No. 818 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.04/2024 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC COURT, HOSADURGA (CHARGE SHEETED FOR OFFENCE PUNISHABLE UNDER SECTION 171-E OF IPC IN CRIME NO.94/2023 OF SRIRAMPURA POLICE STATION, CHITRADURGA DISTRICT). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “ It is therefore prayed that his Hon’ble High court may be pleased to quash the entire criminal proceedings against the petitioner in C.C.No.04/2024 pending on the file of Additional Civil Judge and JMFC Court, Hosadurga (Charge Sheeted for offence punishable under Section 171- E of IPC in Crime No. 94/2023 of Srirampura Police Station, Chitradurga district in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent – State and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent having filed the complaint on 10.05.2023 for the offence punishable under Section 171-E of IPC, which is a non- cognizable offence, permission was sought from the learned - 3 - NC: 2025:KHC:3819 CRL.P No. 818 of 2025 Magistrate, who proceeded to grant permission by passing cryptic, laconic, unreasoned and non-speaking order, which is contrary to the judgment of the co-ordinate Bench of this Court in the case of Sri.M.T.Krishnappa & Another vs. State of Karnataka & another – Criminal Petition No.13215/2023 dated 07.11.2024. It is also pertinent to note that there is a serious discrepancy with regard to FIR being registered on 10.05.2023, while the order granting permission is signed on 11.05.2025, which is yet another factor to indicate that no prior permission was granted prior to filing of FIR for commencement of investigation. 4. In view of the aforesaid facts and circumstances, in particular, the serious discrepancy as to whether actual permission was granted by the learned Magistrate prior to registration of FIR in relation to the alleged incident, which is non-cognizable offence under Section 171E of IPC coupled with the fact that the said permission even if granted is by way of laconic, cryptic, unreasoned and non-speaking, I am of the considered opinion that continuation of the impugned proceedings tantamounts to abuse of process of law warranting interference by this Court in the present petition. - 4 - NC: 2025:KHC:3819 CRL.P No. 818 of 2025 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.4/2024 arising out of Crime No.94/2023 registered by the 1st respondent – Police pending on the file of Addl.Civil Judge and JMFC Court, Hosadurga, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.