- 1 - NC: 2025:KHC:887 CRL.P No. 2394 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2394 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: A CHIRANJEEVI S/O RAMANJINEYULU, AGED 33 YEARS, R/AT NO.5-149, EDUGURALAPALLI, PERUR, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH-515621 …PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: 1. STATE OF KARNATAKA PAVAGADA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. DWARAKISH S G CHC 269, CEN POLICE STATION, TUMKUR-572103. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C. NO.1230/2022 REGISTERED FOR THE OFFENCE PUNISHABLE U/S 78(3) OF KARNATAKA POLICE ACT, REGISTERED BY PAVAGADA POLICE, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT PAVAGADA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:887 CRL.P No. 2394 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing of entire charge sheet in C.C.No.1230/2022 registered for the offence punishable under Section 78(3) of Karnataka Police Act, registered by Pavagada Police, on the file of Prl.Civil Judge and JMFC, Pavagada. 2. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the material on record in order to point out that on 28.12.2021, respondent No.2 filed a police complaint against the petitioner pursuant to which a FIR in Crime No.277/2021 was registered against the petitioner for the offence punishable under Section 78(3) of the Karnataka Police amendment Act, 2021 (hereinafter referred to as ‘the Act’ for short) which was a cognizable offence at that point in time. 3. Subsequently, vide judgment dated 14.02.2022 passed in W.P.No.18703/2021, a co-ordinate Bench of this Court struck down the aforesaid amendment vide Karnataka Act No.28 of 2021 as to be ultra vires the Constitution of India. It is the grievance of - 3 - NC: 2025:KHC:887 CRL.P No. 2394 of 2023 the petitioner that in view of striking down of the amendment to Section 78(3) of the Act as stated supra, the said offence would be rendered as non cognizable and in the absence of necessary requisite permission being obtained under Section 155(2) of Cr.P.C., the impugned proceedings in Crime No.277/2021 would be illegal and deserves to be quashed. 4. Per Contra, learned Additional SPP would submit that there is no merit in the petition and the same is liable to be dismissed. 5. As rightly contended by learned counsel for the petitioner in the facts and circumstances in the instant case, obtaining necessary permission under Section 155(2) of Cr.P.C., to conduct investigation as required in relation to the offences punishable under Section 78(3) of the Act, which is a non cognizable offence, has not been obtained by the respondent though they have made request in this regard and non-obtaining necessary permission under Section 155(2) of Cr.P.C, would render impugned proceedings illegal warranting interference by this Court in the present petition. 6. In the result, I pass the following: - 4 - NC: 2025:KHC:887 CRL.P No. 2394 of 2023 ORDER i) The petition is hereby allowed. ii) All proceedings pursuant to charge sheet in C.C.No.1230/2022 registered for the offence punishable under Section 78(3) of Karnataka Police Act, registered by Pavagada Police, on the file of Prl.Civil Judge and JMFC, Pavagada qua the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 4