- 1 - HC-KAR NC: 2026:KHC:4259 CRL.P No. 625 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 625 OF 2026 BETWEEN: SUPRITH, S/O RANGASWAMY, AGED ABOUT 34 YEARS, GOLLARAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, PIN CODE – 573 116. …PETITIONER (BY SRI. RAVIKUMAR G.H., ADVOCATE) AND: 1. STATE OF KARNATAKA, CHANNARAYAPATNA TOWN P.S. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001. 2. VINOD RAJ.S.P, POLICE SUB-INSPECTOR (L AND O) CHANNARAYAPATNA TOWN, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4259 CRL.P No. 625 of 2026 PIN CODE – 573 116. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THIS MEMORANDUM OF CRL.P BY QUASHING THE ENTIRE PROCEEDINGS IN CC.NO.1815/2017 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, CHANNARAYAPATNA INITIATED AGAINST THE PETITIONER BASED ON CR.NO.301/2017 REGISTERED BY THE CHANNARAYAPATNA TOWN P.S., FOR AN OFFENCES P/U/S 79 AND 80 OF K.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard learned counsel Sri.Ravikumar G.H., learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondents and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: - 3 - HC-KAR NC: 2026:KHC:4259 CRL.P No. 625 of 2026 "WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to allow this Memorandum of Criminal Petition by quashing the entire proceedings in C.C.No.1815/2017 on the file of Prl. Civil Judge & JMFC Court, Channarayapatna initiated against the petitioner based on Crime No. 301/2017 registered by the Channarayapatana Town Police for an offences punishable under section 79 and 80 of K.P.Act. in the interest of justice and equity." 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench of this Court in Crl.P.No.5668 of 2019, disposed on 23.09.2019, wherein it has held as follows: "Heard. 2. Shri.Ravi Kumar G.H., learned Advocate for the petitioners submits that the police have registered FIR No.301/2017 on 26.08.2017 in Channarayapatna Town Police Station for non-cognizable offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963. After registration of FIR, Police have investigated the case and filed the charge sheet without obtaining prior permission from the learned Magistrate. 3. The submission of learned Advocate for the petitioners is not disputed by the learned HCGP. 4. This Court has taken a consistent view that police cannot investigate into non-cognizable offences, without obtaining express permission from the jurisdictional Magistrate. [See B.M.Suresh Vs. The State of Karnataka and another (Crl.P.No.4974/2016 D.D. 10.08.2016)]. 5. In the circumstances, this petition merits consideration and it is accordingly allowed. The proceedings in C.C. No.1815/2017 arising out of Crime No.301/2017 pending on the file of Principal Civil Judge, - 4 - HC-KAR NC: 2026:KHC:4259 CRL.P No. 625 of 2026 Channarayapatna are quashed, so far as petitioners are concerned. No costs." 4. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.1815/2017 pending before the Principal Civil Judge and JMFC Court, Channarayapatna, stand quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 149