- 1 - HC-KAR NC: 2025:KHC-D:10888 CRL.P No. 103094 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103094 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: AMARAYYA S/O VEERABHADRAYYA HIREMATH, AGE. 40 YEARS, OCC. FARMER, R/O. KARADON VILLAGE, TQ. AND DIST. KOPPAL-580 024. … PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY KANAKAGIRI, P.S., TQ. AND DIST. KOPPAL, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, 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 IMPUGNED ORDER DATED 03.01.2022 IN TAKING COGNIZANCE AND FURTHER PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN KANAKAGIRI P.S. CRIME NO.164/2021 PENDING BEFORE PRL. CIVIL JUDGE AND JMFC, GANGAVATI IN C.C. NO.3755/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(III) OF KARNATAKA POLICE ACT 1963, IN THE INTEREST OF JUSTICE AND EQUITY. 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:10888 CRL.P No. 103094 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court under Section 482 Cr.PC with a prayer to quash the entire proceedings in C.C.No.3755/2021 pending before the Court of Prl. Civil Judge & JMFC, Gangavati, arising out of Crime No.164/2021 registered by Kanakagiri Police Station, Koppal District, for the offence punishable under Section 78(iii) of the Karnataka Police Act, 1963. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that Section 155(2) of Cr.PC has not been complied in the present case. 4. Learned HCGP does not dispute the submission made by the learned Counsel for the petitioner. 5. FIR in Crime No.164/2021 has been registered against the petitioner and another for the offence punishable under Section 78(iii) of the Karnataka Police Act, 1963. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Undisputedly, the alleged offence is - 3 - HC-KAR NC: 2025:KHC-D:10888 CRL.P No. 103094 of 2024 non-cognizable in nature, and therefore, compliance of Section 155(2) of Cr.PC becomes necessary. It is not in dispute that Section 155(2) of Cr.PC is not complied in the present case. Therefore, the entire proceedings gets vitiated. Accordingly, the following order: 6. Petition is allowed. The entire proceedings in C.C.No.3755/2021 pending before the Court of Prl. Civil Judge & JMFC, Gangavati, arising out of Crime No.164/2021 registered by Kanakagiri Police Station, Koppal District, for the offence punishable under Section 78(iii) of the Karnataka Police Act, 1963, stands quashed in so far as it relates to the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 54