- 1 - HC-KAR NC: 2026:KHC-D:2458 CRL.P No. 104860 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104860 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. RAMESH S/O BASAPPA BENAKANAVAR, AGE: 44 YEARS, OCC. COOLIE, R/AT: KURATTI PETH, TQ. AND DIST. GADAG - 582102. 2. SHARNAGOUDA S/O RANGANAGOUDA PATIL, AGE: 44 YEARS OCC. JOB, R/AT: TAGOR ROAD, TQ AND DIST GADAG - 582102. …PETITIONERS (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG RURAL POLICE STATION, GADAG, REP BY ITS STATE PUBIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD - 580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO 17 AND 18/ PETITIONERS IN GADAG RURAL POLICE STATION CRIME NO. 243 OF 2025 WHICH IS REGISTERED IN C.C. NO.2494/2025 ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND JMFC-II COURT AT GADAG FOR THE OFFENCE PUNISHABLE U/SEC. 87 OF K.P. ACT, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:27 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2458 CRL.P No. 104860 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Gourishank Mot, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent. 2. Petitioner is challenging the registration of the non- cognizable offence and filing charge sheet in respect of the offence punishable under Section 87 of the Karnataka Police Act. 3. Without the permission of the Magistrate, registering the case and filing the charge sheet is nullity in view of the judgment of the Co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangalgi v. State of Karnataka reported in ILR 2020 KAR 630. 4. Accordingly, the following: ORDER i. Petition is allowed. - 3 - HC-KAR NC: 2026:KHC-D:2458 CRL.P No. 104860 of 2025 ii. Pending proceedings in C.C.No.2494/2025 on the file of II Additional Civil Judge and JMFC-II Court at Gadag is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 75