Karnataka High Court
Chandrappa H S/O Nagamma vs The State Of Karnataka on 7 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103108 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103108 OF 2023
BETWEEN:
CHANDRAPPA H. S/O NAGAMMA,
AGE. 35 YEARS, OCC. COOLIE,
R/O. SULADHALLI, TQ. KUDILIGI,
DIST. VIJAYNAGAR.
... PETITIONER
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH P.S.I. HOSHALLI P.S.
CIRCLE. KOTTUR,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.11
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
11:16:55 +0530
SEEKING THAT THE COMPLAINT AND CHARGE SHEET FILED IN
HOSHALLI POLICE STATION CRIME NO.114/2023 OF THE OFFENCE
P/U/S 78(3) OF THE KARNATAKA POLICE ACT 1963 ON THE FILE OF
PENDING IN CC NO.572/2023 BEFORE THE CIVIL JUDGE AND JMFC
COUT AT KUDLIGI AS AGAINST THE PETITIONER/SOLE ACCUSED
HEREIN BE KINDLY QUASHED IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 103108 of 2023
ORDER
This petition is filed seeking to quash of charge sheet
in Crime No.114/2023 of Hosahalli Police Station and
proceedings in C.C.No.83/2023 pending on the file of the
Civil Judge and JMFC, Kudligi registered for offences
punishable under Section 78(3) of the Karnataka Police
Act, 1963 (hereinafter referred to as 'the K.P Act',
for brevity).
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the
respondent-State.
3. The gist of the prosecution case is that, on
15.06.2023, the Police Sub-Inspector, Hosahalli Police
Station has received information that at Sooladhalli village
in the public place in front of the Anjeneya temple in the
open public place 'mataka' game was being played. There
upon the Police Sub-Inspector along with police constables
summoned two of the panchas and proceeded to the spot
and after observation found 'mataka' being played. Then
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caught the person and seized the cash and chit and
prepared panchnama and gave repot. On the basis of the
said report NC came to be registered. The Station House
Officer by his requisition dated 15.06.2023 sought
permission to the learned Magistrate to register FIR and to
conduct investigation. After learned Magistrate accorded
the permission by his order dated 16.06.2023 and FIR
came to be registered in Crime No.114/2023 of Hosahalli
Police Station against this petitioner for offence punishable
under Section 78(3) of the K.P. Act and case came to be
registered in C.C.No.83/2023 pending on the file of the
Civil Judge and JMFC, Kudligi. The petitioner has sought
for quashing of charge sheet and criminal case registered
against him.
4. Learned counsel for the petitioner would
contend that after raid and complete investigation, the
permission of learned magistrate has been sought. He
further submits that the Station House Officer of the Police
Station has to refer the first informant to magistrate as
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required under Section 155(1) of Cr.P.C. In the absence
of the same, the proceedings against this petitioner
requires to be quashed. With this, he prays to allow the
petition.
5. Per contra, learned High Court Government
Pleader would contend that on being found this petitioner
playing 'mataka' and on seizer of cash, chit and ball pen
etc., the Police Sub-Inspector has filed report and the
Station House Officer has rightly as required under Section
155(2) of Cr.P.C sought permission of the learned
Magistrate to register FIR and to conduct investigation in
the matter. Only after grant of permission by the learned
Magistrate by order dated 16.06.2023, FIR came to be
registered and after investigation charge sheet came to be
filed. There is no violation of sub-Section (1) and (2) of
Section 155 of Cr.P.C. With this, he prayed to reject the
petition.
6. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the
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respondent-State, this Court has perused the charge sheet
papers and records.
7. The Police Sub-Inspector, Hosahalli Police
Station has received creditable information and conducted
raid and found the petitioner playing 'mataka' game and
seized cash, chit and ball pen etc., under mahazar and
filed report. On receipt of the said report the Station
House Officer has sought permission of the learned
Magistrate by requisition dated 15.06.2023. Learned
Magistrate accorded the permission to register FIR and to
conduct investigation as per his detailed order dated
16.06.2023. It is only after grant of permission of learned
Magistrate, the Station House Officer has registered the
FIR and after completion of investigation charge sheet
came to be filed.
8. The contention of learned counsel for the
petitioner that the Station House Officer has not referred
the informant to the Magistrate and the Station House
Officer cannot seek the permission of the learned
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Magistrate is no more res integra in view of the judicial
pronouncement of the co-ordinate bench of this Court in
the case of the Vijesh Pillai Vs State of Karnataka1 where
in it is held as under
"20. On a coalesce of all the judgments what would
unmistakably emerge is that, it is open to a Police
Officer or any complainant to approach the Magistrate
under sub-section (2) of Section 155 of the Cr.P.C.,
to investigate a non-cognizable offence. There is
nothing in the section to indicate that the informant
alone should seek permission from the Magistrate to
commence investigation. I deem it appropriate to
concur such plethora of opinions rendered by various
High Courts as what sub-section (1) mandates
referring the informant to the Magistrate. Sub-section
(2) remains silent as to who has to obtain
permission. Therefore permission can either be
sought by the complainant or by the Station House
Officer. Wherefore, it is not necessary for the
informant alone to knock at the doors of the
learned Magistrate with a requisition seeking
permission for registration of FIR, it could be either
the informant or the Station House officer. I am in
respectful agreement with the view taken by other
High Courts and the co-ordinate bench of this Court
in PRAKASH RAJ2 (supra)".
9. In view of the above, the Station House Officer
can seek permission of the learned Magistrate under
Section 155(2) of Cr.P.C. There is no necessary for the
2023 SCC OnLne Kar 32
Criminal Petition No.2394 of 2020
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informant alone seek permission from the learned
Magistrate to commence investigation.
10. In view of the above, there are no grounds for
quashing the proceeding as prayed for. Accordingly, the
petition is dismissed.
Sd/-
JUDGE
DSP
CT:BCK
