1 CRL.P.No.129/2019

IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 11 TH DAY OF JANUARY 2019

BEFORE

THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR

CRIMINAL PETITION NO.129 OF 2019

BETWEEN:

1. MAHESH KUMAR S/O. LATE SANKENDRA POOJARY AGED ABOUT 35 YEARS R/AT RAGHVENDRAKRUPA DERAILBAIL, KONCHADI , D.K.-575003

2. SHAILESHRAJ S/O. THIMMAPPA AGED ABOUT 39 YEARS R/AT 19-100, BHATRA BETTU HOUSE K.I.D.B COLONY, AVARAL MATTU PADUBIDRE, NADSAL POST DISTRICT – 575 124

3. ASHOK S/O. DASAPPA HEGDE AGED ABOUT 40 YEARS R/AT PAKEERA BETTU HOUSE HOSAPATTU VILLAGE, MANGALORE D.K. DISTRICT – 574020

4. MOHAMMED HAMEEM S/O. ABDUL LATIF

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AGED ABOUT 45 YEARS R/AT MARRYHILL, KAVOOR POST MANGALORE TALUK D.K. DISTRICT – 575028

5. SUJITH KUMAR S/O SUNDAR AGED ABOUT 39 YEARS, R/AT 11-208/20(2), GOWRI NIVASA MAHAKALI SHAKTHINAGAR MANGALORE TALUK D K DISTRICT-575003

6. ABDUL LATIF S/O A AHMED AGED ABOUT 54 YEARS, R/AT 2-166-2, PADAYIGUDDE AMBLAMOGARU MANGALORE D K DISTRICT-575023

7. ROSHAN S/O BHASKAR AGED ABOUT 39 YEARS, R/AT PILLARU, THOKKOTTU MANGALURU D K DISTRICT-575023

8. RAFIQ PUTTUR S/O B PUTHU AGED ABOUT 36 YEARS, R/AT BEENA HOUSE SALMARA CHIKKA PADNUR VILLAGE, PUTTUR TALUK -574219

9. MOHAMMED ASHRAF S/O ABDULLA

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AGED ABOUT 40 YEARS, R/AT NEAR RAILWAY STATION X BLOCK UPPALA POST KASARAGOD -675011

10. MOHAMMED HAFOZ S/O MOHAMEMD AKMAL AGED ABOUT 42 YEARS, R/AT 2/25, 9TH CROSS, MANANDAWADI ROAD N H PALYA, MYSORE-576220

11. DHANRAJ S/O CHANDRASHEKHAR AGED ABOUT 31 YEARS, R/AT 4-110/5 B VIJAY KUMAR COMPOUND, NEAR LOBO COMPOUND DANDEKERE YAYADI KONCHADI MANGALORE-575012

12. GOPALA S S/O SRINIVAS POOJARY AGED ABOUT 34 YEARS, R/AT S.P-9, SARIPALLA SARASWATHI NAGAR ALAPE, MANGALORE DAKSHINA KANNADA-574221

13. SHANKARA S/O GANESH SHETTY AGED ABOUT 39 YEARS, R/AT 8-1-108/1 MONAPPA DEVADIGA COMPOUND KAMBALA CROSS, BARKE MANGALORE DAKSHINA KANNADA-574211

14. PRASHANTH S/O M DAYANAND AGED ABOUT 39 YEARS,

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R/AT GANDHINAGAR MOGRAL KASARGOD KERALA-675009

15. SHARATH KUMAR S/O CHANDRASHEKHAR AGED ABOUT 25 YEARS, R/AT SRIVANA DURGA NIVASA 10-63/25, PREETHI NAGARA MANGALORE, D K DISTRICT-575023

16. MOHAMMED SHARIFF S/O ABDULLA AGED ABOUT 23 YEARS, R/AT 2-318/4, NANDAVAR KOTE SAJIPA MUNNURU VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574023

17. RAMESH S/O JANAKI AGED ABOUT 40 YEARS, R/AT KUNDAVALAPPU HOUSE NELAKUNU, KASARAGOD KERALA-674023

18. ABDUL MAJEED S/O. HAMMED AGED ABOUT 28 YEARS, R/AT 3-170-2, PANDAL GUDDE KALLAKAPATTE BAJAL MANGALORE D K-574023

19. MOHAN DHAS S/O ANNU POOJARY AGED ABOU 28 YEARS R/AT DOOR NO.2-32(1)(3), BANDHARA BAILU

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2ND CROSS, MUNNURU POST MANGALORE, D K-574023

20. GANESH K S S/O SUBRAYA AGED ABOUT 28 YEARS R/AT DOOR NO.2-127 MUNDEVU ROAD BORUGUDDE MUDERAPERU GRAMA GANJIMATA POST DK-574023

21. MOHAMMED SIYAB S/O IBRAHIM AGED ABOUT 28 YEARS, R/AT DOOR NO.1-117 KUTTEM HOUSE KOTEPURA K C ROAD, ULLALA MANGALORE, D K-574023

22. MOHAMMED ASGAR ARAFATH S./O M LATHIF VALACCHIL AGED ABOUT 22 YEARS, R/AT DOOR NO.25-11-655/1 ANUGRAHA 2ND CROSS, GHORI GUDDE MANGALORE D K -574023

23. ABDUL AZEEZ S/O M LATHIF VALACCHIL AGED ABOUT 39 YEARS, R/AT 22-90/45/12 ANIL COMPOUND, ULLALA BAILU MANGALORE D K DISTRICT-574023 …PETITIONERS

(BY SHRI NISHIT KUMAR SHETTY., ADVOCATE)

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AND:

STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 … RESPONDENT

(BY SHRI S.CHANDRASHEKARAIAH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C.NO.4135/2018 (CRIME NO.210/2018) PENDING ON THE FILE OF THE JMFC (II COURT) MANGALORE FOR THE OFFENCES P/U/S 79,80 OF KARNATAKA POLICE ACT AND ALLOW THE PETITION.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Heard.

2. Shri Nishit Kumar Shetty, learned advocate for the petitioners submits that respondent filed an FIR

No.210/2018 on 12.07.2018 in Mangalore North Police

Station against the accused for the offences punishable

7 CRL.P.No.129/2019 under Sections 79 and 80 of Karnataka Police Act, 1963, alleging that petitioners were playing ‘Andhar-Bahar’.

The said offences are non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order from the learned Magistrate. The learned Magistrate has endorsed on a requisition filed by the police as

‘permitted’ and therefore, it is a non-speaking order.

Based on such permission, police have conducted enquiry and filed the charge sheet.

3. The submission of learned advocate for the petitioners is not disputed by the learned HCGP.

4. This Court after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as ‘permitted’ is not a speaking order. [See The Padubidri Members

Lounge and others Vs. Director General and

8 CRL.P.No.129/2019

Inspector General of Police and others

(W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].

5. In the circumstances, this petition merits consideration and it is accordingly allowed . All proceedings in C.C.No.4135/2018 pending on the file of

J.M.F.C (II Court) Mangalore, are quashed.

6. In view of disposal of main petition,

I.A.No.1/2019 does not survive for consideration and the same stands disposed of.

No costs.

Sd/- JUDGE

HJ