(Prayer: This Crl.P is filed under Section 528 of BNSS 2023 praying to quash the order of taking cognizance and issue of process dated 18.06.2021 in C.C.No.71/2022 (Old C.C.No.2374/2021) (Balaganur Ps Crime No.21/2021 District Raichur) I Addl. CJ and JMFC Sindhanur District Raichur, for the offences punishable u/Sec. 78(III) of the Karnataka Police Act, in the interest of justice.)

Oral Order

1. Accused No.2 is before this Court in this petition filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in CC No.71/2022 (old CC No.2374/2021) pending before the Court of I Addl. Civil Judge and JMFC, Sindhanur, Raichur District, arising out of Crime No.21/2021 registered by Balaganoor Police Station, Raichur for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short 'K.P.Act').

2. Heard the learned counsel for the petitioner and learned HCGP, who is directed to take notice of the respondent.

3. The material on record would go to show that accused No.1 in this case had approached this Court in Crl.P.No.200786/2024 seeking similar prayer and the said petition was allowed and the impugned criminal proceedings insofar as it relates to accused No.1 was quashed by this Court.

In paragraph Nos.5 and 6 of the said order, it is observed as follows:-

          "5. The material on record would go to show that the FIR in Crime No.21/2021 was registered by Balaganoor Police Station, Raichur for the offence punishable under Section 78(3) of the K.P.Act against Raghavendra and another. The petitioner is arrayed as accused No.1 in the said case. Perusal of the first information would go to show that the raid was conducted to the alleged spot of crime and the accused were apprehended and articles used for committing the crime were seized under a panchanama and thereafter, the FIR has been registered. Therefore, part of the investigation had commenced at the time of registration of FIR. The material on record would also go to show that the order sheet maintained by the Trial Court does not reflect the order passed under Section 155(2) of Cr.P.C. by the jurisdictional Magistrate.

          6. The Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangaligi) vs. The State Of Karnataka reported in ILR 2020 Kar 630 has observed that in a case registered for non cognizable offence, compliance of Section 155(2) of Cr.P.C is mandatory. In the said case, it is held by the Coordinate Bench of this Court that any permission granted by the jurisdictional Magistrate under Section 155(2) of Cr.P.C. shall be in the order sheet maintained by the said Court in the said case and further proceedings in the said case is required to be continued in the very same order sheet."

4. The reasons assigned by this Court in Crl.P.No.200786/2024 for quashing the impugned criminal proceedings as against accused No.1 would also be applicable to the case on hand and therefore, I am of the opinion that the petition needs to be allowed. Accordingly, the following order:-

5. The criminal petition is allowed. The entire proceedings in CC No.71/2022 (old CC No.2374/2021) pending before the Court of I Addl. Civil Judge and JMFC, Sindhanur, Raichur District, arising out of Crime No.21/2021 registered by Balaganoor Police Station, Raichur, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioner herein, is quashed.

6. In view of the disposal of the main petition, pending interlocutory application, if any, does not survive for consideration. Accordingly, the same is disposed off.