- 1 - HC-KAR NC: 2026:KHC-D:2235 CRL.P No. 105153 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105153 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: NINGUSA @ MALLARI S/O KRISHNANASA HABIB, AGE. 62 YEARS, OCC. LABOUTER, R/AT P.B. ROAD, TUMKUR COLONY, KAMERIPET HUBBALLI, HUBBALLI, DIST. DHARWAD 580028. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, BENDIGERI POLICE STATION, HUBBALLI, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD - 580011. …RESPONDENT (BY SMT.KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO. 2 / PETITIONER IN BENDIGERI POLICE STATION CRIME NO. 69/2016 PENDING ON THE FILE IN C.C. NO.2006/2016 ON THE FILE OF COURT OF III ADDITIONAL CIVIL JUDGE AND JMFC, AT HUBBALLI FOR THE OFFENCE PUNISHABLE U/SEC. 78(1)(A)(6) OF K.P. ACT, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:43 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2235 CRL.P No. 105153 of 2025 THIS CRIMINAL 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 Gourishankar Mot, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent. 2. Petitioner has approached this Court with the following prayer: “To quash the entire proceedings against the accused No.2 / petitioner in Bendigeri Police Station Crime No.69/2016 pending on the file in c.c. No.2006/2016 on the file of Court of III Additional Civil Judge and JMFC, at Hubballi for the offence punishable u/sec. 78(1)(A)(6) of K.P. Act, in the interest of justice.” 3. Petitioner is alleged of the non-cognizable offence under Section 78(1)(A)(6) of the Karnataka Police Act. 4. Admittedly, there is no prior permission obtained by the head of the raid party before registering the FIR. - 3 - HC-KAR NC: 2026:KHC-D:2235 CRL.P No. 105153 of 2025 5. Accordingly, the very registration of the complaint itself is incorrect and needs to be quashed following the dictum in the case of Vaggeppa Gurulinga Jangalgi v. State of Karnataka reported in ILR 2020 KAR 630, following: ORDER i. Petition is allowed. ii. Consequently, pending criminal proceedings in C.C.No.2006/2016 on the file of III Additional Civil Judge and JMFC at Hubballi is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 1 SL NO.: 70