- 1 - HC-KAR NC: 2025:KHC-D:11912 CRL.P No. 102681 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 102681 OF 2025 BETWEEN: 1. AMIT S/O GANAPATASA @ GAJU MISKIN, AGE: 34 YRS, OCC: BUSINESS, R/AT: RAMESH BHAVAN, KESHWAPUR, TQ: HUBBALLI, DIST: DHARWAD-580 025. 2. YAMAN S/O ASHOK JITURI, AGE: 31 YEARS, OCC: HOTEL WORK, R/A: TORAVI HAKKAL, CHANNAPETH, TQ: HUBBALLI, DIST: DHARWAD-580 031. 3. AKASH S/O SHASHIKANT GUJJAR, AGE: 27 YEARS, OCC: TELARING WORK, R/A: BENGERI TEACHERS COLONY, KESHWAPUR, TQ: HUBBALLI, DIST: DHARWAD-580 025. 4. BHAVESH S/O DEVAJI PATEL, AGE: 36 YEARS, OCC: BUSINESS, R/AT: TIMBER YARD, PLOT NO.36, UNKAL, VIDYANAGAR, TQ: HUBBALLI, DIST: DHARWAD-580 021. 5. SACHIN S/O GANAPATASA @ GAJU MISKIN, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:11912 CRL.P No. 102681 of 2025 AGE: 27 YRS, OCC: BUSINESS, R/AT: RAMESH BHAVAN, KESHWAPUR, TQ: HUBBALLI, DIST: DHARWAD-580 025. …PETITIONERS (BY SRI. MOT GOURI SHANKAR HARISHCHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA HUBLI TOWN POLICE STATION, HUBBALLI REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. …RESPONDENT (BY SRI. DAYANAND S. SANGRESHI, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDING AS INITIATED BY THE HUBLI TOWN POLICE STATION, HUBBALLI IN HUBLI TOWN POLICE STATION CRIME NO.0019/2019 AGAINST THE ACCUSED NO. 1, 2, 11, 27 AND 28/PETITIONERS PENDING BEFORE THE 1ST J.M.F.C COURT, AT HUBBALLI IN CC.NO.1376/2019 FOR THE OFFENCES PUNISHABLE U/S. 78(III) AND 80 OF KARNATAKA POLICE ACT 1963. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:11912 CRL.P No. 102681 of 2025 CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings in Crime No.19/2019 of Hubli Town Police Station, Hubballi, Dharwad, now pending before the learned I Additional JMFC, Hubballi in C.C.No.1376/2019 registered for the offence punishable under Section 78(iii) and 80 of Karnataka Police Act, 1963 (for short ‘KP Act). 2. The offences alleged being non-cognizable in nature, accused Nos.1, 2, 11 and 28 approached this Court in Crl.P No.100174/2021 seeking quashing of the entire proceedings on the ground that no permission was obtained from the learned Magistrate, as contemplated under law, to initiate prosecution, investigate and to file chargesheet. The said petition was allowed by an order dated 12.03.2021 and the police were permitted to seek fresh orders for investigation into the offence, keeping in view the guidelines issued by this Court in Vaggeppa - 4 - HC-KAR NC: 2025:KHC-D:11912 CRL.P No. 102681 of 2025 Gurulinga Jangaligi v. State of Karnataka in Crl.P No.101997/2019 dated 10.12.2019 (ILR 2020 KAR 630) and Mukkatira Anitha Machaiah v. State of Karnataka and Another in Crl.P No.5934/2009 dated 20.08.2013. 3. The material on record reveals that, fresh order was obtained from the learned Magistrate to conduct investigation, however, chargesheet was submitted to the Court on the same material, without conducting fresh investigation after taking permission from the learned Magistrate to investigate into the non-cognizable offences alleged against the petitioners. 4. The learned magistrate vide order dated 07.06.2023 on receiving the investigation report has issued summons to the accused, holding that sufficient materials are placed on record to proceed against the accused persons under Section 78(iii) and 80 of KP Act. However, no fresh investigation was conducted after - 5 - HC-KAR NC: 2025:KHC-D:11912 CRL.P No. 102681 of 2025 taking permission from the learned Magistrate to investigate into the matter. Same material such as statements of witnesses etc., which was submitted earlier has been relied upon by the Police to file chargesheet. The procedure adopted in this case is contrary to the law laid down in the aforesaid decisions. Hence, the following: ORDER Petition is allowed. The entire proceedings pending in C.C.No.1376/2019 on the file of the Court of I JMFC, Hubballi, against all the accused are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 19 Sl No.: 1