- 1 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102589 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: ANANDASWAMI S/O. GADDAYYA GADDADEVARMATH, AGE: 45 YEARS, OCC. POLITICIAN, R/O. LAKSHMESHWAR, GADAG-582116. …PETITIONER (BY SRI ARAVIND D. KULKARNI , ADVOCATE) AND: STATE OF KARNATAKA THROUGH POLICE SUB INSPECTOR HAVERI TOWN POLICE STATION, HAVERI REPRESENTED BY THE S.P.P. HIGH COURT OF KARNATAKA, DHARWAD – 580011. …RESPONDENT (BY SMT. KIRTILATA PATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. SEEKING TO QUASH THE COMPLAINT, F.I.R., CHARGE- SHEET AND ORDER DATED 07/08/2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., HAVERI, IN C.C. NO.90/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 171C, 171F AND 171H OF THE IPC, UNDER SECTION 123(2) OF THE REPRESENTATION OF PEOPLE ACT, AND UNDER SECTIONS 128, 194C, 177, 124 AND 194D OF THE MOTOR VEHICLES ACT, 1988 ALL FURTHER PROCEEDING PURSUANT TO THE SAID ORDER IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner/accused No.1 has filed this petition under Section 482 of the Code of Criminal Procedure Code, 1973 (for short, 'Cr.P.C.') to quash the complaint, First Information Report, charge-sheet and entire proceedings in Criminal Case No.90 of 2024 on the file of the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Haveri, for the offences punishable under Sections 171C, 171F and 171H of the Indian Penal Code, 1860 (for short, 'IPC'), under Section 123(2) of the Representation of People Act, 1951, and under Sections 128, 194C, 177, 124 and 194D of the Motor Vehicles Act, 1988. 2. The brief facts of the prosecution case are that on 20.03.2024 between 11.30 a.m. and 2.00 p.m., on Haveri- Ranebennur Road near KEB Circle, the accused persons were about to start a bike rally without permission. Hence, the de facto complainant lodged a complaint, which led to registration of First Information Report and investigation. - 3 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 3. Taking exception to the same, the petitioner has filed this petition. 4. Heard Sri Arvind D. Kulkarni, learned counsel for the petitioner, Smt. Kirtilata Patil, learned High Court Government Pleader for the respondent-State, and perused the material available on record. 5. Learned counsel for the petitioner has contended that Sections 171C, 171F and 171H of the IPC are non- cognizable offences and the Police cannot investigate such case without prior permission of the jurisdictional Magistrate under Section 155(2) of the Cr.P.C. Hence, he prayed for quashing the entire proceedings. 6. Per contra, the learned High Court Government Pleader has contended that the respondent-State had appointed observers and after having come to know that the accused persons violated the code of conduct of election commission, the complaint was registered against the accused persons. She further contended that after - 4 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 investigation, the Investigating Officer filed a charge-sheet against all the accused persons. Now, the petitioner cannot contend that the entire proceedings are illegal and such proceedings cannot be quashed. Hence, she prayed for dismissal of the petition. 7. The first informant lodged a complaint against the petitioner and others for the offences punishable under Sections 171C, 171F and 171H of the Indian Penal Code, 1860, under Section 123(2) of the Representation of People Act, 1951, and under Sections 128, 194C, 177, 124 and 194D of the Motor Vehicles Act, 1988. On perusal of the record, it discloses that the Station House Officer registered the First Information Report without permission from the jurisdictional Magistrate and proceeded with investigation for the aforesaid offences. 8. After investigation, the Investigating Officer filed a charge-sheet against the accused persons. In turn, the Magistrate has taken cognizance of the said offences. - 5 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 9. Sections 171C, 171F and 171H of the IPC are non- cognizable in nature. Thus, the entire proceedings also require permission of the jurisdictional Magistrate under Section 155(2) of the Cr.P.C. 10. Sub-Section (2) of Section 155 of the Cr.P.C. mandates that no Police Officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit such case for trial. In view of the above facts and circumstances of the case, there is clear violation of the procedure established by law. The Learned High Court Government Pleader does not dispute the irregularity committed by the Police Officer, as well as cognizance taken by the Magistrate. 11. The Learned High Court Government Pleader has contended that soon after submission of requisition by the Station House Officer, the learned Magistrate perused the entire material available on record and accordingly, granted permission as required under Section 155(2) of - 6 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 the Cr.P.C. Perused the order passed by the learned Magistrate. 12. In fact, when the requisition is submitted by the informant to the Magistrate, he should make an endorsement on it as to how it was received, either by post, or by muddam and direct the Office to place it before him with a separate order-sheet. No orders should be passed on the requisition itself. The said order-sheet should be continued for further proceedings in the case. 13. In the present case, the Magistrate has not made any endorsement that he received information either by post or by muddam. Further, after receipt of requisition, the Magistrate has not examined the requisition whether the Station House Officer of the Police Station has referred the informant to him with such requisition. The order- sheet does not reveal that the Magistrate has examined the contents of the requisition with his judicious mind and recorded the findings as to whether it is a fit case to be - 7 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 investigated. The order-sheet does not reveal that the learned Magistrate, after subjective satisfaction, found grounds to permit the Police Officer to take up the investigation. Further, the learned Magistrate has not specifically ordered specifying the rank and designation of the Police Officer, who has to investigate the case, who shall be other than the informant, or the complainant. Therefore, the permission accorded by the jurisdictional Magistrate is not in accordance with, law as discussed herein above. Thus, it is seen that the learned jurisdictional Magistrate has made an endorsement on the requisition, without application of mind. Therefore, absolutely, there is no application of judicious mind by the learned Magistrate before permitting the Police to investigate the non-cognizable offence. 14. Under these circumstances, the proceedings initiated against the petitioner in Criminal Case No.90 of 2024 pending on the file of the Principal Senior Civil Judge and Chief Judicial Magistrate, Haveri, registered for the - 8 - HC-KAR NC: 2025:KHC-D:8510 CRL.P No. 102589 of 2025 offences punishable under Sections 171C, 171F and 171H of the Indian Penal Code, 1860, under Section 123(2) of the Representation of People Act, 1951, and under Sections 128, 194C, 177, 124 and 194D of the Motor Vehicles Act, 1988, are liable to be quashed. Accordingly, the criminal petition is allowed and the said proceedings are hereby quashed, insofar as the petitioner/accused No.1 is concerned. Pending I.A’s if any, shall stand disposed off. In view of the disposal of the main petition, pending interlocutory applications, if any, stand disposed off. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 10