- 1 - HC-KAR NC: 2025:KHC-D:10786 CRL.P No. 103316 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103316 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VASANT S/O VAMANASA PAWAR, AGE. 40 YEARS, OCC. CLOTH BUSINESS, R/AT. BAKALE GALLI, NEAR KAREMMA TEMPLE, HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. G.S. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI TOWN POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER IN HUBBALLI TOWN POLICE STATION CRIME NO.04/2021 WHICH IS REGISTERED IN C.C. NO.63/2021 ON THE FILE OF JMFC-I COURT, AT: HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(III) OF K.P. ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10786 CRL.P No. 103316 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court with the prayer to quash the proceedings in C.C.No.63 of 2021 pending before the Court of JMFC-I, Hubballi arising out of Crime No.4 of 2021 registered by Hubballi Town Police Station, Hubballi-Dharwad for offence punishable under Section 78(iii) of the Karnataka Police Act. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondent. 3. Learned counsel for the petitioner submits that there is no compliance of Section 155(2) of Cr.P.C. in the present case. The proceeding initiated is not in accordance with law laid down by the Co-ordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad - 3 - HC-KAR NC: 2025:KHC-D:10786 CRL.P No. 103316 of 2025 Police Station, Belagavi1. Accordingly he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by learned counsel for the petitioner. 5. It is not in dispute that FIR has been registered in the present case for non cognizable offence and after completing investigation, charge has been filed for the said offence. Therefore compliance of Section 155(2) of Cr.P.C. becomes necessary. In the case on hand, the order allegedly passed under Section 155(2) of Cr.P.C. is not found in the order sheet maintained by the trial Court in the impugned proceeding. The Co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi2 has observed that any order passed under Section 155(2) of Cr.P.C. should find place in the 1 ILR 2020 KAR 630 2 ILR 2020 KAR 630 - 4 - HC-KAR NC: 2025:KHC-D:10786 CRL.P No. 103316 of 2025 order sheet that is maintained by the Jurisdictional Court of Magistrate, in which further proceeding of the case is continued. In the case on hand, perusal of the order sheet would go to show that the order allegedly passed under Section 155(2) Cr.P.C. does not find place in the order sheet of the trial Court. Therefore, the impugned proceeding cannot be sustained. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The impugned proceeding in C.C.No.63 of 2021 pending before the Court of JMFC-I, Hubballi arising out of Crime No.4 of 2021 registered by Hubli Town Police Station, Hubballi-Dharwad for offence punishable under Section 78(iii) of the Karnataka Police Act, is quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 42