- 1 - NC: 2025:KHC:1911 CRL.P No. 780 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 780 OF 2024 BETWEEN: 1. MR. PARVEEZ KHAN S/O MR. PYARA KHAN, AGED ABOUT 29 YEARS, R/O NO 615, 6TH CROSS, GANGONDANAHALLI, BENGALURU-560 039. 2. MRS. NAYEEMA KHATUN D/O SHAIK ABDUL RAHIM, AGED ABOUT 30 YEARS, R/O NO.303, 6TH CROSS, GANGONDANAHALLI, BENGALURU-560 039. 3. MRS. SHANAZ BEGUM W/O SYED RIYAZ, AGED ABOUT 41 YEARS, R/O NO.615, 6TH CROSS, GANGONDANAHALLI, BENGALURU-560 039. AND ALSO R/AT # 882, 1ST MAIN, 6TH CROSS, NEAR MECCA MASJID GANGONDANAHALLI, MYSORE ROAD, BANGALORE SOUTH, BANGALORE-560 039. …PETITIONERS (BY SRI. BHARATH KUMAR V, ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1911 CRL.P No. 780 of 2024 AND: 1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER CHANDRA LAYOUT POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. MR KUMAR ESHWAR S/O S MADAIAH, AGED ABOUT 58 YEARS ASSISTANT EXECUTIVE ENGINEER, KARNATAKA SLUM DEVELOPMENT BOARD, NO.1 SUB DIVISION, HAVING OFFICE AT NO.55, RISALDAR ROAD, SHESHADRIPURAM, BANGALORE-560 020. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1, SRI. M.P. SRIKANTH, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO A. QUASH THE FIR BEARING NO.182/2021 ALONG WITH THE INFORMATION/ COMPLAINT DATED 04.09.2021 REGISTERED WITH THE RESPONDENT NO.1 CHANDRA LAYOUT POLICE STATION WHEREIN THE PETITIONER HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 3 FOR THE ALLEGED OFFENCE P/U/S.201, 427 R/W SEC.35 OF IPC AND SEC.3 OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT (ANNEXED VIDE ANNEXURE A AND A1) PENDING ON THE FILE OF THE HON'BLE VIII ADDL.C.M.M BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:1911 CRL.P No. 780 of 2024 ORAL ORDER In this petition, the petitioners seek the following reliefs: "a. Quash the FIR bearing No.182/2021 along with the information complaint dated 04.09.2021 registered with the respondent No.1 Chandra Layout Police Station wherein the Petitioners herein are arraigned as accused No.1 to 3 for the alleged offence under 201 and 427 R/w Section 35 of IPC and Section 3 of the Prevention of Damage to Public Property Act. (Annexed vide Annexure-A and A1). Pending on the file of Hon'ble VIII Addl.A.C.M.M, Bengaluru. b. Quash the entire charge sheet in matter bearing FIR No.182/2021 now currently re- numbered as CC No.10139/2022 pending on the file of Hon'ble VIII Addl. Metropolitan Magistrate, Mayohall, Bengaluru wherein the Petitioners herein are arraigned as accused No.1 to 3 for the alleged offence under Section 201 and 427 R/w Section 35 of IPC and Section 3 of the Prevention of Damage to Public Property Act (Annexure B). c. Pass any order/s as deems fit to this Hon'ble Court in the interest of justice. 2. Heard. 3. In additional to reiterating the various contentions urged in this petition and referring the material on record, learned counsel for the petitioners invited my attention to the FIR and the charge sheet in order to point out that prior to conducting the investigation, respondent No.1-Police authority did not obtain necessary permission from the learned - 4 - NC: 2025:KHC:1911 CRL.P No. 780 of 2024 Magistrate as required under Section 155(2) of Cr.P.C., since the offences alleged against the petitioners were non- cognizable offences, necessary permission has to be obtained from the learned Magistrate. It is submitted that as a consequence of non-obtaining of permission as mandated under Section 155(2) of Cr.P.C., the FIR and the charge sheet etc., are illegal and the same deserves to be quashed as held by this Court in the case of Vaggeppa Gurulinga Jangaligi vs. State of Karnataka1. 4. Under these circumstances, in view of non-obtaining of permission, I am of the considered opinion that the impugned proceedings deserve to be quashed. 5. Accordingly, the following: :ORDER: i) The Criminal petition is allowed. ii) The entire proceedings in C.C.No.10139/2022 pending before the VIII Addl. Metropolitan Magistrate, Mayohall, Bengaluru, arising out of FIR Crime 1 ILR 2020 KAR 630 - 5 - NC: 2025:KHC:1911 CRL.P No. 780 of 2024 No.182/2021 registered by respondent No.1- Police, for the offences punishable under Sections 201 and 427 r/w Section 35 of IPC and Section 3 of the Prevention of Damage to Public Property Act is hereby quashed. iii) Liberty is reserved in favour of the respondents to proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 23