Nasarulla Pattegouda S/O. Abdulbasir vs State Of Karnataka

S.Vishwajith Shetty, J

Accused no.1 is before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in Crime No.92/2024 registered by Haveri CEN Crime Police Station, Haveri, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act').

Heard the learned Counsel for the parties.

Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that there is no compliance of Section 174(2) of BNSS, 2023, in the present case. He also submits that the judgment of the coordinate bench of this Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has laid down certain guidelines to be followed in the case of non-cognizable offences and the same is also not complied with in the present case. He accordingly prays to allow the petition.

Learned HCGP has opposed the petition and submits that prior to the registration of FIR, there is compliance of Section 174(2) of BNSS, 2023. She accordingly prays to dismiss the petition.

The material on record would go to show that on the basis of the report dated 09.10.2024 submitted by the first informant who is the Police Inspector attached to Haveri CEN Police Station, Haveri, FIR in Crime No.92/2024 was registered against the petitioner herein for the aforesaid offence. Prior to the registration of FIR, a requisition was submitted before the jurisdictional Magistrate and on the basis of the said requisition, the learned Magistrate having found that the alleged information would form an offence under Section 78 of the Act, which is a non-cognizable offence, has proceeded under Section 174(2) of BNSS, 2023 granting permission to register the FIR and investigate the same. FIR has been registered for the offence punishable under Section 78(3) of the Act.

The order passed under Section 174(2) of BNSS, 2023, is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in Vaggeppa's case supra, has observed that the order passed under Section 155(2) of Cr.PC which is pari materia to Section 174(2) of BNSS, 2023, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 155(2) of Cr.PC shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, the order passed under Section 174(2) of BNSS, 2023, does not indicate or specify the police officer who is required to investigate the case.

Under the circumstances, I am of the opinion that if the impugned criminal proceedings is allowed to continue, the same would amount to abuse of process of the court. Accordingly, the following order:

Petition is allowed. The entire proceedings in Crime No.92/2024 registered by Haveri CEN Crime Police Station, Haveri, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, is quashed as against the petitioner.