- 1 - HC-KAR NC: 2025:KHC-D:10289 CRL.P No. 103158 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103158 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. VASUDEV @ VASU S/O UMMANASA HANUMANASAGAR @ PATIL, AGE. 42 YEARS, OCC. BUSINESS, R/AT. 2ND CROSS, NEAR HANUMAN TEMPLE, KAMRIPETH, HUBBALLI, DIST. DHARWAD-580 020. 2. VASANT S/O VAMASA PAWAR, AGE. 40 YEARS, OCC. CLOTH SHOP WORKER, R/AT. BAKALE GALLI, KAREMMA GUDI, GANESHA PETE, HUBBALLI, DIST. DHARWAD-580 020. … PETITIONERS (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI SUB-URBAN 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 AND 3/PETITIONERS IN HUBBALLI SUB-URBAN POLICE STATION CRIME NO.166 OF 2022 WHICH IS REGISTERED IN C.C. NO.8195/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, 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:10289 CRL.P No. 103158 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 and 3 are before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.8195/2022 pending before the Court of Principal Civil Judge & JMFC, Hubballi registered for the offence punishable under Section 78(3) of Karnataka Police Act, 1978. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioners submits that the alleged offences are non cognizanble. Without complying the requirements of Section 155(2) of Cr.P.C, FIR has been registered in the present case. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioners. - 3 - HC-KAR NC: 2025:KHC-D:10289 CRL.P No. 103158 of 2025 5. Perusal of the material on record would go to show that, FIR was registered in the present case for non cognizable offence. On the requisition dated 14.11.2022 submitted by the Police, the jurisdictional Magistrate has endorsed permission sought for by the Police under Section 155(2) of Cr.P.C, The same is not permissible in view of law laid down by this Court in the case of VAGEPPA GURULINGA JANGALIGI (GANGALAGI) V. THE STATE OF KARNATAKA, THROUGH PSI, KAGWAD POLICE STATION, BELAGAVI – ILR 2020 KAR 630. Under the circumstances, I am of the opinion that the impugned proceedings as against the petitioners get vitiated and continuation of the same would amount to abuse of process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.8195/2022 pending before the Court of Principal Civil Judge & JMFC, Hubballi registered for the offence punishable under Section 78(3) of Karnataka Police Act, 1978 is quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK/LIST NO.: 1 SL NO.: 50