- 1 - HC-KAR NC: 2025:KHC-D:10444 CRL.P No. 103222 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103222 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: DEEPAK S/O. GANGADHARSA KATHARE, AGE 54 YEARS, OCC: MECHANIC, R/AT AKASH PARK, HUBBALLI, DIST: DHARWAD-580020. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KESHWAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. … RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/PETITIONER IN HUBBALLI KESHWAPUR POLICE STATION CRIME NO.215/2024 WHICH IS REGISTERED IN CC NO.54/2025 ON THE FILE OF JMFC-II COURT AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 78(3) OF K.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10444 CRL.P No. 103222 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.54 of 2025 pending before the JMFC-II Court at Hubballi arising out of Crime No.215 of 2024 registered for offence punishable under Section 78(3) of the Karnataka Police Act. 2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for respondent. 3. Learned counsel for the petitioner submits that the charge sheet has been filed against the petitioner for non-cognizable offence. There is no compliance of Section 155(2) of the Cr.P.C. in the present case and no complaint from any private party has been received alleging that the petitioner has cheated him. Accordingly, he prays to allow the petition. - 3 - HC-KAR NC: 2025:KHC-D:10444 CRL.P No. 103222 of 2025 4. Per contra, learned HCGP, who has opposed the petition does not dispute that there is no compliance of Section 155(2) of the Cr.P.C. in accordance with law. 5. In the present case, FIR was registered against the petitioner for the offence punishable under Section 78(b) of the K.P. Act and after completing the investigation charge sheet has been filed against him for the aforesaid offence. Undisputedly, the alleged offence is non-cognizable in nature and therefore, compliance of Section 155(2) of the Cr.P.C. becomes necessary. This Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi1 has observed that any order passed by the jurisdiction Magistrate in exercise of its powers under Section 155(2) of the Cr.P.C. is required to be the part of the order sheet in which the further proceedings of the case is continued. 1 ILR 2020 KAR 630 - 4 - HC-KAR NC: 2025:KHC-D:10444 CRL.P No. 103222 of 2025 6. Perusal of the order sheet in the present case would not go to show that the order allegedly passed under Section 155(2) of the Cr.P.C. is not part of the order sheet in which the further proceedings of the case is continued. 7. Under the circumstances, I am of the opinion that the impugned proceeding is liable to be quashed. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.54 of 2025 pending before the JMFC-II Court at Hubballi arising out of Crime No.215 of 2024 registered for offence punishable under Section 78(3) of the Karnataka Police Act stand quashed against the petitioner herein. (iii) Pending applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 50