- 1 - NC: 2025:KHC:13085 CRL.P No. 966 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 966 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. JAMEEL AHAMED KHAN S/O. KAREEMULLA, AGED ABOUT 50 YEARS, NO. 8, STANDAGE ROAD, FRAZER TOWN, BENGALURU-560 005. AND ALSO AT NO.3/1, 13TH CROSS, KATHARAKANAHALLI, PARIJATHA SCHOOL BENGALURU. …PETITIONER (BY SRI. K.G. KAMATH., ADVOCATE FOR SRI. KAMATH & KAMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEVANAHALLI POLICE STATION, DEVANAHALLI, BENGALURU NORTH TALUK. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. ADARSH KUMAR AGED ABOUT 38 YEARS, S/O. CHANNAIHA, PDO, KUNDANA GRAMA PANCHAYATH, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13085 CRL.P No. 966 of 2023 R/O. SHANTHI NAGAR, 5TH CROSS, GARE RAVI LAYOUT, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT-562 110. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET AS AGAINST PETITIONER REGISTERED BY THE RESPONDENT IN FIR NO.55/2018 OF DEVANAHALLI TOWN POLICE STATION, DEVANAHALLI FOR AN OFFENCE P/U/S.171 (E AND H) OF THE IPC ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT DEVANAHALLI IN C.C.NO.684/2019. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking the following prayer: a) Quash the Charge sheet as against Petitioner registered by the respondent in FIR No.0055/2018 of Devanahalli Town Police Station, Devanahalli for an offence under sections 171(E & H) of the Indian Penal Code on the file of the Prl. Civil Judge & JMFC Court at Devanahalli in C.C.No.684/2019. b) Such other order or orders as may be passed by this Hon’ble Court, in the circumstances of the case, in the interest of justice and equity. 2. Initiation of proceedings is challenged on the ground that the offence alleged is non-cognizable in nature and - 3 - NC: 2025:KHC:13085 CRL.P No. 966 of 2023 therefore, registration of FIR without following the due procedure as contemplated under Section 155 of Cr.P.C., is without jurisdiction and against the judgment of this Court in Vaggeppa Gurulinga Jangaligi V/s. The State of Karnataka reported in ILR 2020 KAR 630. 3. The prosecution has alleged that the petitioner was carrying a sum of Rs.10,72,650/- when the code of conduct was in force during 2018-State Assembly Elections. The said cash was seized from the petitioner. It is submitted that presently the Income Tax Department has taken possession of the said cash. 4. It is not in dispute that offence under Section 171(E & H) of IPC is non-cognizable in nature. The learned Magistrate has made an endorsement on the complaint as “Perused the complaint and permitted”. In the above referred judgment, this Court has issued some guidelines to be followed by the Court before ordering investigation in offences relating to non-congnizable cases and stated that the Jurisdictional Magistrates shall stop hereafter making endorsement as ‘permitted’ on the police requisition itself and such an - 4 - NC: 2025:KHC:13085 CRL.P No. 966 of 2023 endorsement is not an order in the eyes of law and as mandated under Section 155(2) of Cr.P.C. 5. In an identical case, where FIR was registered under Section 171-E and 171-H of IPC, this Court in Crl.P.No.1005/2023 disposed on 27.09.2024 has quashed the proceedings. 6. In the above facts and circumstances, petition deserves to be allowed. Accordingly, the following: ORDER i) Petition is allowed. ii) The proceedings arising out of Crime No.55/2018 of Devanahalli town Police Station, Devanahalli Town pending in C.C.No.684/2019 on the file of the Principal Civil Judge and JMFC Court, Devanahalli, against the petitioner are hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23