Karnataka High Court
CRL.P/153/2020 of ETHESHAM-UL-HAQ Vs STATE BY CHICKMAGALUR POLICE on 24 September 2026
CNR: KAHC010009592020 NC: 2026:KHC:52869 CRL.P No. 153 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 153 OF 2020 BETWEEN: 1. ETHESHAM-UL-HAQ S/O ABDUL HAFIZ AGED 51 YEARS, NO.12,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 153 OF 2020
BETWEEN:
1.
ETHESHAM-UL-HAQ
S/O ABDUL HAFIZ
AGED 51 YEARS,
NO.12, 2ND CROSS,
NEAR RASHEEDIYA MASJID
BAIRAPPA LAYOUT GOVINDPUR
BANGALORE NORTH
BENGALURU-560045.
…PETITIONER
(BY SRI. MOHAMMED TAHIR., ADVOCATE)
AND:
1.
STATE BY CHICKMAGALUR POLICE
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX BUILDING,
BENGALURU-560 001.
2.
MADHUKUMAR RAJ URS
S/O MALLARAJ URS
AGED ABOUT 45 YEARS
R/AT KANADAL ROAD,
KOTE CHIKKAMAGALORE TOWN,
CHIKKAMAGALURU
KARNATAKA-577 101
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
…RESPONDENTS
(BY SRI.MOHAMMED AYUB ALI, ADDL.SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT
MAY BE PLEASED TO QUASH THE FIR AS A ANNEXURE-B i.e IN
CR.NO.213/2019 PENDING ON THE FILES OF PRL.CIVIL JUDGE
(SR.DN) AND CJM COURT CHIKKAMAGALUR DISTRICT AND
THIS PETITIONER IS ARRAYED AS SOLE ACCUSED FOR THE
ALLEGED OFFENCE P/U/S 504,505,506 OF IPC.
THIS PETITION IS COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
This petition is filed seeking quashing of the FIR in Crime No.213/2019 on the file of Principal Civil Judge (Sr.Dvn) and CJM Court, Chikkamagaluru District for the offences punishable under Section 504, 505, 506 of Indian Penal Code.
2. Heard learned counsel for the petitioner and learned counsel appearing for the respondent.
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3. Learned counsel appearing for the petitioner submits that the offences alleged against the petitioner are non-cognizable offences. Therefore, the police could not have registered the case without following the procedure contemplated under Section 155(1) and (2) of the Code of Criminal Procedure. It is contended that the police, instead of referring the informant to the jurisdictional Magistrate as contemplated under Section 155(1) of the Cr.P.C. and obtaining permission from the Magistrate under Section 155(2) of the Cr.P.C., have proceeded to register the FIR merely by issuing notice as per Annexure-A and thereafter registering the FIR. Hence, there can be no valid prosecution against the petitioners.
4. Learned Additional SPP appearing for the State, on the other hand, submits that the offences invoked against the petitioners are under Sections 504, 505 and 506 of the IPC. However, he does not dispute the fact that the police have not followed the procedure contemplated under Section 155(1) and
(2) of the Cr.P.C. before registering the case.
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5. Having considered the grounds urged in the petition and the submissions of the learned counsel for the respective parties, it is not in dispute that the offences alleged against the petitioners are non-cognizable offences. In respect of non- cognizable offences, the police cannot commence investigation or register a case without following the procedure contemplated under Section 155(1) and (2) of the Cr.P.C. The statutory requirement is that the informant is to be referred to the jurisdictional Magistrate and the police are required to obtain the permission of the Magistrate before proceeding with the investigation.
6. The Hon'ble Apex Court in the case of Lalitha Kumari vs. Government of Uttar Pradesh and ors1 has also reiterated the distinction between cognizable and non- cognizable offences and the procedure required to be followed by the police in accordance with law. In the case of non- cognizable offences, the Investigating Officer cannot proceed with the investigation without obtaining the requisite 1 AIR 2014 SC 187,
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permission of the Magistrate as contemplated under Section 155(2) of the Cr.P.C.
7. In the present case, admittedly, the police have not complied with the mandatory requirements of Section 155(1) and (2) of the Cr.P.C. before registering the case and commencing the proceedings against the petitioners. Therefore, the continuation of the proceedings against the petitioners, in the absence of compliance with the mandatory procedure prescribed under law, cannot be sustained.
8. In view of the aforesaid discussion, the proceedings initiated against the petitioners in Crime No.213/2019 are liable to be quashed.
9. Accordingly, I pass the following:
ORDER
i. The petition is allowed.
ii. The proceedings initiated against the petitioner in Crime No.213/2019 on the file of the Principal Civil Judge (Sr. Dn.) and Chief
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Judicial Magistrate, Chikkamagaluru District, for the offences punishable under Sections 504, 505 and 506 of the Indian Penal Code, is hereby quashed.
Sd/- (H.P.SANDESH) JUDGE
AG List No.: 1 Sl No.: 19