Case Note & Summary
The petitioner, Vageppa Gurulinga Jangaligi, was arrayed as Accused No.4 in C.C. No.3397/2019 pending before the IV Additional Civil Judge and JMFC, Athani, for an offence punishable under Section 87 of the Karnataka Police Act, 1963. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the entire proceedings against him. The brief facts are that the petitioner is a police officer and the alleged offence under Section 87 of the K.P. Act was registered against him without obtaining the previous sanction of the State Government or the prescribed authority as required under Section 87 of the Act. The petitioner contended that the cognizance taken by the trial court was illegal and without jurisdiction. The State opposed the petition. The High Court examined the provisions of Section 87 of the K.P. Act, which states that no court shall take cognizance of an offence under the Act against a police officer except with the previous sanction of the State Government or the authority prescribed. The court found that in the present case, no such sanction was obtained before filing the charge sheet and taking cognizance. Therefore, the proceedings were quashed as being without jurisdiction and an abuse of the process of law. The petition was allowed.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 Cr.P.C. - Quashing of Proceedings - The High Court can exercise inherent powers to quash proceedings if the continuation of prosecution would be an abuse of process of law or to secure the ends of justice. (Para 1) B) Karnataka Police Act - Sanction for Prosecution - Section 87 K.P. Act - Mandatory Sanction - Section 87 of the Karnataka Police Act mandates that no court shall take cognizance of an offence under the Act against a police officer without previous sanction of the State Government or the authority prescribed. (Para 3) C) Karnataka Police Act - Offence under Section 87 - Applicability to Police Officers - The offence under Section 87 of the K.P. Act is alleged against the petitioner who is a police officer; therefore, prior sanction under Section 87 is mandatory before taking cognizance. (Para 3) D) Criminal Procedure Code - Quashing - Lack of Sanction - Where the prosecution is initiated without the requisite sanction under Section 87 of the K.P. Act, the proceedings are liable to be quashed as the court lacks jurisdiction to take cognizance. (Para 3)
Issue of Consideration
Whether the proceedings against the petitioner (Accused No.4) under Section 87 of the Karnataka Police Act can be quashed for want of prior sanction as required under Section 87 of the K.P. Act?
Final Decision
The petition is allowed. The entire proceedings in C.C. No.3397/2019 pending on the file of IV Additional Civil Judge and JMFC, Athani, for the offence punishable under Section 87 of the Karnataka Police Act, insofar as the petitioner (Accused No.4) is concerned, are quashed.
Law Points
- Section 482 Cr.P.C. inherent powers
- Section 87 K.P. Act mandatory sanction
- quashing of criminal proceedings for lack of sanction
