Rajesh R vs State Of Karnataka
2023 Latest Caselaw 2261 Kant

                                                    -1-
                                                            CRL.P No. 2126 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 18TH DAY OF APRIL, 2023

                                                   BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL PETITION NO.2126 OF 2023
                      BETWEEN:

                      1.   RAJESH R
                           S/O RAMESH,
                           AGED ABOUT 27 YEARS,
                           R/O RASHMI NILAYA,
                           11TH CROSS, SIT EXTN,
                           TUMKUR 572103.
                                                                      ...PETITIONER
                      (BY SRI. VIKYATH B.,ADVOCATE)

                      AND:

                      1.   STATE OF KARNATAKA
                           BY NEW EXTENSION P.S,
                           REP. BY HCGP,
                           HIGH COURT BUILDING,
                           BANGALORE-560001.

                      2.   SHESHADRI
Digitally signed by
BHAVANI BAI G              AGED ABOUT 58 YEARS,
Location: High
Court of                   POLICE INSPECTOR,
Karnataka
                           CEN P.S,
                           TUMAKURU-572101.
                                                                    ...RESPONDENTS
                      (BY SRI. B.J. ROHITH, HCGP FOR R1 AND R2)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
                      Cr.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
                      C.C.NO.361/2021 CRIME NO.12/2020 OF NEW EXTENSION P.S. ON
                      THE FILE OF PRINCIPLE CIVIL JUDGE AND JMFC, TUMKUR FOR THE
                      OFFENCE PUNISHABLE UNDER SECTION 79, 80 OF K.P. ACT AND
                      ETC,.

                            THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
                      DAY, THE COURT MADE THE FOLLOWING:
                               -2-
                                       CRL.P No. 2126 of 2023




                            ORDER

Learned HCGP takes notice for respondent Nos.1 and 2.

2. This petition is filed by the petitioner/accused ..us

482 of Cr.P.C for quashing the criminal proceedings in

C.C.No.361/2021 arising out of Crime No.12/2020 registered

by Tumkur police station and charge sheeted for the offence

punishable under Section 79 and 80 of Karnataka Police Act

(herein after referred to as 'K.P. Act') pending on the file of

Principal Civil Judge and JMFC, Tumkur.

3. Heard learned counsel for petitioners and learned

HCGP. for the State.

4. The case of the prosecution is that on the credible

information issued by the police officer on 09.02.2020 filed a

report to the police inturn police registered the FIR in Crime

No.12/2020 for the aforementioned offences and also Section

420 of the IPC after the investigation they filed the charge

sheet for the offence punishable under Section 79 and 80 and

K.P. Act and dropped the IPC Section. It is alleged that on

09.02.2020 the petitioner said to be engaged in cricket betting

CRL.P No. 2126 of 2023

in room No.7 of Aishwarya lodge and also online horse riding.

Learned counsel for petitioner submits the offence alleged

against the petitioner is non cognizable offence and in order to

avoid obtaining the permission under section 155 of Cr.P.C the

police added 420 of IPC and dropped in the charge sheet.

Hence, without the permission of the Magistrate registering FIR

and filing the charge sheet is against the provision of section

155 of Cr.P.C. Hence prayed for allowing the petition.

5. Per contra learned HCGP objected the petition.

6. Having heard the arguments perusal of the records,

which reveals ofcourse there is no complaint from any of the

public against the petitioner for having cheated any of the

persons for receiving money it is said to be a cricket betting

played by the accused in a room.

7. The police have filed charge sheet for the offence

under section 79 and 80 of K.P. Act which is non cognizble

offence where the police are required to obtain the permission

under section 155 (2) of Cr.P.C where the informant shall

appear before the Magistrate under section 155 (1) of Cr.P.C

CRL.P No. 2126 of 2023

but without obtaining permission for non-cognizable offence,

the police registered the case for the non cognizable offence

and purposely added section 420 of IPC in order to avoid for

seeking permission and later they drooped 420 of IPC, which

reveals the police have violated the provision of 155 of Cr.P.C

while registering and filing the charge sheet. Therefore FIR

registered against the petitioner is not sustainable under the

law.

8. This court in various cases including the judgment of

coordinate bench in Vaggeppa Gurulinga Jangaligi

(Jangalagi) vs. The State of Karnataka, Through PSI,

Kagwad Police Station, Belagavi reported in ILR 2020 KAR

630 and is of the view that permission under section 155 of

Cr.P.C is required for registering FIR in non cognizable

offences. Therefore, I am of the view, continuing the criminal

proceedings against the petitioner is not sustainable under law.

Hence, criminal proceedings required to be quashed.

Accordingly, this petition is allowed.

Consequently, the criminal proceedings against the

petitioner in C.C.No.361/2021 arising out of Crime No.12/2020

CRL.P No. 2126 of 2023

registered by Tumkur police station and charge sheeted for the

offence punishable under Section 79 and 80 of K.P. Act pending

on the file of Principal Civil Judge and JMFC, Tumkur, is hereby

quashed.

In view of disposal of main petition, I.A.No.1/2023 does

not survive for consideration. Accordingly I.A.No.1/2022 is

disposed of.

Sd/-

JUDGE

AKV