- 1 - HC-KAR NC: 2025:KHC-D:11644 CRL.P No. 103554 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103554 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: UMESH S/O NAGENDRASA WALVEKAR, AGE. 30 YEARS, OCC. WELDING WORK, R/AT: CHATNI CHALA, TORVI HAKKAL, HUBBALLI, DIST. DHARWAD-580 020. & PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KAMARIPETH POLICE STATION, HUBBALLI, REP. 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 KAMARIPETH POLICE STATION CRIME NO.56/2024 WHICH IS REGISTERED IN C.C. NO.4110/2024 ON THE FILE OF JMFC-III COURT, AT: HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(3) 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:11644 CRL.P No. 103554 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.2 is before this Court under Section 482 Cr.PC read with Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.4110/2024 pending before the Court of JMFC-III, Hubballi, arising out of Crime No.56/2024 registered by Kamaripeth Police Station, Hubballi-Dharwad, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act'). 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that there is no compliance of Section 155(2) of Cr.PC which is pari materia to Section 174(2) of BNSS, 2023, in the present case. He also submits that the judgment of the coordinate bench of this Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has laid down certain guidelines to be followed in the case of non-cognizable offences - 3 - HC-KAR NC: 2025:KHC-D:11644 CRL.P No. 103554 of 2025 and the same is also not complied with in the present case. He accordingly prays to allow the petition. 4. Learned HCGP has opposed the petition and submits that prior to the registration of FIR, there is compliance of Section 174(2) of BNSS, 2023. She accordingly prays to dismiss the petition. 5. The material on record would go to show that on the basis of the report dated 02.12.2024 submitted by the first informant who is the Assistant Sub-Inspector of Police attached to Kamaripeth Police Station, FIR in Crime No.56/2024 was registered against unknown persons for the aforesaid offence. Prior to the registration of FIR, a requisition was submitted before the jurisdictional Magistrate and on the basis of the said requisition, the learned Magistrate having found that the alleged information would form an offence under Section 78 of the Act, which is a non-cognizable offence, has proceeded under Section 174(2) of BNSS, 2023, granting permission to register the FIR and investigate the same. FIR has been registered for the offence punishable under Section 78(3) of the Act. Investigation - 4 - HC-KAR NC: 2025:KHC-D:11644 CRL.P No. 103554 of 2025 in the case is completed and charge sheet has been filed against Bheemananda and the petitioner herein. 6. The order passed under Section 174(2) of BNSS, 2023, is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in Vaggeppa's case supra, has observed that the order passed under Section 174(2) of BNSS, 2023, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 174(2) of BNSS, 2023, shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, the order passed under Section 174(2) of BNSS, 2023, does not indicate or specify the police officer who is required to investigate the case. 7. Under the circumstances, I am of the opinion that if the impugned criminal proceedings is allowed to continue, the same would amount to abuse of process of the court. Accordingly, the following order: - 5 - HC-KAR NC: 2025:KHC-D:11644 CRL.P No. 103554 of 2025 8. Petition is allowed. The entire proceedings in in C.C.No.4110/2024 pending before the Court of JMFC-III, Hubballi, arising out of Crime No.56/2024 registered by Kamaripeth Police Station, Hubballi-Dharwad, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, is quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 49