- 1 - HC-KAR NC: 2025:KHC:35133 CRL.P No. 9890 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9890 OF 2024 BETWEEN: NOOR AHAMMAD K, S/O LATE K ABDUL GANI, AGED ABOUT 65 YEARS R/AT KELAGINA PETE, BALEHONNURU, N R PURA TALUK, CHIKKAMAGALURU - 577 12 …PETITIONER (BY SRI. PRASIDDARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE SUB INSPECTOR OF POLICE, KALASA POLICE STATION, CHIKKAMAGALURU DISTRICT - 577 132 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001 2. B. DEVARAJU THE INSPECTOR OF POLICE KUDREMUKHA CIRCLE, KUDREMUKHA KALASA H.O MUDIGERE, CHIKKAMAGALURU PIN 577132 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P. IS FILED U/S.482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35133 CRL.P No. 9890 of 2024 HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.59/2021 NOW PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU, IN CR.NO.14/2019 REGISTERED BY KALASA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 9B(1)(b) OF THE EXPLOSIVES ACT, 1884, SECTIONS 4 AND 6 OF THE EXPLOSIVE SUBSTANCES ACT, 1908, IN SO FAR AS ACCUSED NO.4/PETITIONERS HEREIN IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court calling in question proceedings in S.C.No.59/2021, pending before the II Additional District and Sessions Judge, Chikkamagaluru. 2. Heard Sri Prasiddaraj, learned counsel for petitioner and Sri Vinay Mahadevaiah, learned High Court Government Pleader for respondents. 3. The petitioner is accused No.4. This Court qua accused No.1 has quashed the impugned proceedings in terms of its order 22.05.2022 in Crl.P.No.2723/2021. The reasons so rendered while quashing the proceedings qua Page No.02 is retyped and replaced vide chamber order dated 23.09.2025 - 3 - HC-KAR NC: 2025:KHC:35133 CRL.P No. 9890 of 2024 the accused No.1 would undoubtedly become applicable to the case of the petitioner as well, as it was quashed on non-compliance of Section 155(2) of the Cr.P.C. 4. In that light, petition deserves to succeed in terms of the order passed by this court in Crl.P.No.2723/2021, wherein this court has held as follows: "The petitioner is before this Court calling in question the proceedings in C.C.No.268/2020 registered for the offence punishable under Section 9(B)(1)(b) of the Explosives Act, 1884 and Sections 4 and 6 of the Explosive Substances Act, 1908. 2. Heard the learned senior counsel Sri.P.P.Hegde, appearing for the petitioner and Sri. K.N.Nageshwarappa, learned HCGP appearing for the 1st respondent-State. 3. The brief facts leading to the filing of the present petition as projected by the prosecution are as follows: A crime is registered against the petitioner in Cr.No.14/2019, pursuant to which search is conducted in the house of one Abdul Aziz and on the basis of said search, the aforesaid complaint is registered. After investigation, a charge sheet is filed against the petitioner for the offences as aforesaid. The learned Magistrate takes cognizance of the offences alleged against the petitioner and the matter is registered in C.C.No.268/2020. Challenging the order of taking cognizance and all further proceedings, the petitioner is before this Court in the subject petition. 4. The learned senior counsel would restrict his submission to the registration of the FIR by the police Page No.3 is retyped and replaced vide chamber order dated 23.09.2025 - 4 - HC-KAR NC: 2025:KHC:35133 CRL.P No. 9890 of 2024 without the permission from the learned Magistrate. Prior to the said registration as admittedly the offences punishable under the aforesaid Acts are non-cognizable. 5. On the other hand, the learned High Court Government Pleader on verification of the documents and receipt of instructions would admit that there was no communication sent even to the learned Magistrate seeking permission prior to the registration of the offences. However, he would submit that the charge sheet is filed in the case at hand by the police. 6. The afore-narrated facts are not in dispute. The order of the learned Magistrate taking cognizance of the offences is also not in dispute. The admitted fact in the case at hand is that the FIR is registered even without communication seeking permission at the hands of the learned Magistrate. 7. It is trite law that for registration of a FIR on non- cognizable offences express permission of the learned Magistrate is required prior to registration of the offences under Section 155(2) of the Cr.P.C. This is the law laid down by this Court in plethora of judgments and the latest one is in the case of VAGGEPPA GURULINGA JANGALIGI (JANGALAGI) V/S. THE STATE OF KARNATAKA reported in ILR 2020 KAR 630. 8. In the light of the admitted position, without even seeking permission to register the FIR, investigation and further proceedings taken against the petitioner would become contrary to law as registration of FIR without following the mandate under Section 155(2) of the Cr.P.C. cuts to the root of the matter. 9. For the aforesaid reasons, the following ORDER i) The Criminal Petition is allowed. ii) The proceedings of the criminal case in C.C.No.268/2020 pending on the file of the Additional Civil Judge and JMFC Court at Mudigere (arising out of Cr.No14/2019) of Kalasa Police Station is hereby quashed qua the petitioner. Page No.4 is retyped and replaced vide chamber order dated 23.09.2025 - 5 - HC-KAR NC: 2025:KHC:35133 CRL.P No. 9890 of 2024 3. In view of the above, the following:- ORDER i) The Criminal Petition is allowed. ii) The proceedings of the S.C.No.59 of 2021, pending on the file of the II Additional District and Sessions Judge at Chikkamagaluru (arising out of Cr.No14/2019) of Kalasa Police Station is hereby quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE BSV List No.: 1 Sl No.: 184 CT-SG Page No.5 is retyped and replaced vide chamber order dated 23.09.2025