- 1 - HC-KAR NC: 2025:KHC-D:11664 CRL.P No. 103334 of 2023 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. 103334 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. UMESH S/O. BASLINGAPPA BOLSHETTI, AGE. 40 YEARS, OCC. CARPENTER, R/O. MEDHARGALLI, HALIYAL, TQ. HALIYAL, DIST. UTTAR KANNADA. 2. CHANDRAKANT S/O. SIDDAPPA GONDALI, AGE. 45 YEARS, OCC. COOLIE, R/O. MEDHARGALLI, HALIYAL TQ. HALIYAL, DIST. UTTAR KANNADA. & PETITIONERS (BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, BY HALIYAL POLICE, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD. & RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.33/2021 PENDING ON THE FILE OF PRL. CIVIL JUDGE JMFC HALIYAL (HALIYAL POLICE STATION UNDER CR. NO.180/2020) OFFENCES PUNISHABLE UNDER SECTION 78(3) OF K.P. ACT AGAINST THE PETITIONERS (ACCUSED NO.3 AND 4), IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS 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:11664 CRL.P No. 103334 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.3 & 4 are before this Court under Section 482 Cr.PC with a prayer to quash the entire proceedings in C.C.No.33/2021 pending before the Court of Prl. Civil Judge & JMFC, Haliyal, arising out of Crime No.180/2023 registered by Haliyal Police Station, Uttara Kannada District, for the offence punishable under Section 78(iii) of the Karnataka Police Act, 1963 (for short, 'the Act'). 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that there is no compliance of Section 155(2) of Cr.PC 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 and the same is also not complied with in the present case. He accordingly prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:11664 CRL.P No. 103334 of 2023 4. Learned HCGP has opposed the petition and submits that prior to the registration of FIR, there is compliance of Section 155(2) of Cr.PC. She accordingly prays to dismiss the petition. 5. The material on record would go to show that on the basis of the report dated 26.10.2020 submitted by the first informant who is the Sub-Inspector of Police attached to Haliyal Police Station, FIR in Crime No.180/2020 was registered against Parasuram Sahadev Bhiru and others 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 155(2) of Cr.PC 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 in the case is completed and charge sheet has been filed. 6. The order passed under Section 155(2) of Cr.PC 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 - 4 - HC-KAR NC: 2025:KHC-D:11664 CRL.P No. 103334 of 2023 supra, has observed that the order passed under Section 155(2) of Cr.PC 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 155(2) of Cr.PC 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 155(2) of Cr.PC does not indicate or specify the police officer who is required to investigate the case. In the present case, there is no material to show that the order passed under Section 155(2) of Cr.PC is part of the order sheet. 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: 8. Petition is allowed. The entire proceedings in C.C.No.33/2021 pending before the Court of Prl. Civil Judge & JMFC, Haliyal, arising out of Crime No.180/2023 registered by Haliyal Police Station, Uttara Kannada District, for the offence - 5 - HC-KAR NC: 2025:KHC-D:11664 CRL.P No. 103334 of 2023 punishable under Section 78(iii) of the Karnataka Police Act, 1963, is quashed as against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 2 SL NO.: 1