- 1 - NC: 2025:KHC:8407 CRL.P No. 2515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2515 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: KEMPARAJU K S/O KRISHNAPPA AGED ABOUT 49 YEARS R/AT VEDALAVENI VILLAGE GAURIBIDANUR TALUK CHIKKABALLAPUR DISTICT KARANATAKA -561 208. …PETITIONER (BY SRI. NARENDRA PRAKASH R, ADVOCATE) AND: 1. STATE BY MANCHENALLI POLICE STATION GAURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT 561208 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560 001. 2. LAKSHMANA K D PSI MANCHAHALLI P S GAURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 561 208. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.77/2023 (ARISING OUT OF CR.NO.42/2023 OF MANCHENALLI POLICE STATION) PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, GAURIBIDANUR FOR THE ALLEGED OFFENCE P/U/S 177E OF IPC, 1860 VIDE ANNEXURE-A THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8407 CRL.P No. 2515 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “Wherefore, the Petitioner most respectfully prays that this Hon’ble Court kindly allow this Criminal Petition and quash the entire criminal proceedings in C.C 77/2023 (Arising out of Cr.No.42/2023 of Manchenalli Police Station) pending on the file of Senior Civil Judge and JMFC, Gauribidanur for the alleged offence punishable under Section 171-E of the Indian Penal Code, 1860 vide Annexure-A in the interest of justice.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for the 1st 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 18.03.2023 for the offence punishable under Section 171-E of IPC, which is a non- cognizable offence, permission was sought from the learned 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 & - 3 - NC: 2025:KHC:8407 CRL.P No. 2515 of 2025 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 18.03.2023, while the order granting permission is signed on 03.05.2023, 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. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 4 - NC: 2025:KHC:8407 CRL.P No. 2515 of 2025 (ii) The impugned proceedings in C.C.No.77/2023 arising out of Crime No.42/2023 registered by the 1st respondent – Police pending on the file of Sr.Civil Judge and JMFC Court, Gowribidanur, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.