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2025 DAILYLAW 84978 (KAR)

SHRI RAVIKUMAR URF RAVI S/O SANGAPPA UGRAN v. THE STATE OF KARNATAKA

CRL.P/102412/2024 · 2025-08-01

S Vishwajith Shetty

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9567 CRL.P No. 102412 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102412 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI RAVIKUMAR URF RAVI S/O SANGAPPA UGRAN, AGE: 28 YEARS, OCC: FARMER, R/O: TAKKALKI R C-587 330, TQ: BILAGI, DIST: BAGALKOT. … PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH BILAGI P.S. BAGALKOT), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580 011. 2. SHRI RAGHAVENDRA S/O ADAPPA MALAGOUDAR, AGE: 38 YEARS, OCC: STATE GOVERNMENT EMPLOYEE, R/O: TP OFFICE, BILAGI-587 101, TQ: BILAGI, DIST: BAGALKOT. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH COMPLAINT DATED 06.05.2023 AS PER ANNEXURE-A, REGISTRATION OF FIR IN CRIME NO.91/2023 (N.C. NO.19/2023) REGISTERED BY BILAGI P.S. BAGALKOT AS PER ANNEXURE-B, FILING OF CHARGE SHEET AS PER ANNEXURE-C AND SUBSEQUENT ORDER OF TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED 18.11.2023 BY THE TRIAL COURT FOR THE OFFENCE PUNISHABLE UNDER SECTION 171(E) OF THE IPC AGAINST THE PETITIONER/ACCUSED IN CC NO.273/2023 AS PER ANNEXURE-D PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, BILAGI, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9567 CRL.P No. 102412 of 2024 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court with a prayer to quash the entire proceedings in C.C.No.273 of 2023 pending before the Court of Civil Judge and JMFC, Bilagi, arising out of Crime No.91 of 2023 registered by Bilagi Police Station, Bagalkot, for offence punishable under Section 171E of Indian Penal Code. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the alleged offence is a non-cognizable offence and therefore compliance of Section 155(2) of Cr.P.C. becomes necessary. The same has not been complied with. Accordingly, prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition, does not dispute that there is no compliance of Section 155(2) of Cr.P.C. prior to registration of FIR in the present case. - 3 - HC-KAR NC: 2025:KHC-D:9567 CRL.P No. 102412 of 2024 5. It is not been in dispute that FIR in the present case was registered for offence punishable under Section 171E of IPC and after completing investigation, charge sheet has been filed for the said offence. Undisputedly, the alleged offence is non-cognizable offence. 6. The Co-ordinate Bench of this Court in Criminal Petition No.103089 of 2024, in identical circumstances, has quashed the proceedings for the reason that there is no compliance of the requirement of Section 155(2) of Cr.P.C. Under the circumstances, the following: ORDER i. Criminal petition is allowed. ii. The entire proceedings in C.C.No.273 of 2023 pending before the Court of Civil Judge and JMFC, Bilagi, arising out of Crime No.91 of 2023 registered by Bilagi Police Station, Bagalkot is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 50