- 1 - NC: 2025:KHC-D:670 CRL.P No. 101281 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.101281 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. BOJYA NAIK S/O. RAMA NAIK D., AGE. 58 YEARS, OCC. PRIVATE WORK/POLITICIANS, R/O. MUDLAPUR HOSA TANDA, TQ. HADAGALI, DIST. VIJAYNAGAR-583219. …PETITIONER (BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH POLICE INSPECTOR, HIREHADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. AMBEDKAR S/O. SHRIMANTRAO AGE. 52 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER, R/O. RDWS AND S DEPARTMENT, HOVINA HADAGALI, TQ. HADAGALI, DIST. VIJAYNAGAR-583219. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FIELD U/SEC. 482 OF CR.P.C SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.1/PETITIONER IN C.C.NO. 432/2023 WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HADAGALI FOR THE OFFENCE P/U/SEC. U/SEC 171F OF IPC (HIREHADAGALI P.S. CRIME NO.59/2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:48 +0530 - 2 - NC: 2025:KHC-D:670 CRL.P No. 101281 of 2024 ORAL ORDER 1. The petitioner has been charge-sheeted for the offence punishable under Section 171(F) of the Indian Penal Code, 1860 (IPC). 2. The prosecution’s case is that during the Karnataka State Assembly Election 2023, when respondent No.2 was serving as the Flying Squads Team (FST) member in the Huvinahadagali Assembly constituency, he found that the petitioner/accused, who was a candidate from the Kalyana Rajya Pragathi Party, was distributing materials bearing the football symbol to the general public with the intention of influencing the voters. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. Upon receiving credible information, respondent No.2 conducted a search while the petitioner was campaigning for the Assembly election. During the search, materials intended to influence the voters were found. A raid was conducted on 20.04.2023, and the informant, along with the police, submitted a requisition to the jurisdictional Magistrate on 21.04.2023. Thereafter, the jurisdictional Magistrate passed an order granting permission to the police under Section 155(2) of the Cr.P.C. 5. However, the police, before conducting the investigation, ought to have obtained an order under Section 155(2) of the Cr.P.C. In the present case, the investigation was conducted without obtaining such an order from the jurisdictional - 3 - NC: 2025:KHC-D:670 CRL.P No. 101281 of 2024 Magistrate. Therefore, the registration of the FIR and the cognizance taken thereon stands vitiated due to non-compliance with the mandatory provision under Section 155(2) of the Cr.P.C. 6. In light of the above, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.432/2023 (arising out of Hirehadagali PS Crime No.59/2023) on the file of Civil Judge and JMFC, Hadagali is hereby quashed. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 6