- 1 - HC-KAR NC: 2025:KHC-D:11748 CRL.P No. 102657 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102657 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. MOHADMMAD S/O. GANISAB JAMADAR, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. BASAVANAGAR, KAGWAD, TQ. KAGWAD, DIST. BELAGAVI-591 223. … PETITIONER (BY SRI. ROHIT N. LATUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY KAGWAD P.S. BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-591 312. 2. MR. B.M. RIZAKANAVAR, OCC. ASI KAGWAD P.S., (REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH). … RESPONDENTS (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 CHARGE SHEET AND ENTIRE PROCEEDINGS IN RELATION TO KAGWAD PS CR. NO.06/2024 PENDING ON THE FILE BEFORE THE LEARNED CIVIL JUDGE AND JMFC KAGWAD IN C.C. NO.19/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KP ACT AS AGAINST PETITIONER WHO ARE ARRAYED AS ACCUSED NO.1. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11748 CRL.P No. 102657 of 2025 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.1 is before this Court under Section 482 Cr.PC with a prayer to quash the entire proceedings in C.C.No.19/2025 pending before the Court of Civil Judge & JMFC, Kagwad, arising out of Crime No.6/2024 registered by Kagwad Police Station, Belagavi District, for the offence punishable under Section 78 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 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:11748 CRL.P No. 102657 of 2025 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 10.01.2024 submitted by the first informant who is the Assistant Sub-Inspector of Police attached to Kagwad Police Station, FIR in Crime No.6/2024 was registered against the petitioner and another 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 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:11748 CRL.P No. 102657 of 2025 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.19/2025 pending before the Court of Civil Judge & JMFC, Kagwad, arising out of Crime No.6/2024 registered by Kagwad Police Station, Belagavi District, for the offence punishable - 5 - HC-KAR NC: 2025:KHC-D:11748 CRL.P No. 102657 of 2025 under Section 78 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.: 109