Karnataka High Court
Mr.Sandeep S C vs The State Of Karnataka on 17 February, 2023
Bench: K.Natarajan
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CRL.P No. 1239 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1239 OF 2023
BETWEEN:
1. MR.SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/A JAIL ROAD
OPP. SUBBAIAH HOSPITAL
LAKSHMAMMA COMPOUND
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DODDAPETE POLICE STATION,
SHIVAMOGGA,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001
Digitally signed by
SHOBHA C
Location: High 2. MR MANJUNATH R
Court of Karnataka ASSISTANT SUB INSPECTOR
AGED MAJOR
FATHER NAME NOT KNOWN
DODDAPETE POLICE STATION
SHIVAMOGGA-577201
...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.
PRAYING TO QUASH THE CRIMINAL CASE IN C.C.NO.132/2020
ARISING OUT OF CR.NO.345/2019 OF DODDAPETE POLICE STATION
PENDING ON THE FILE OF THE COURT OF JMFC II AT SHIVAMOGGA
FOR THE OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN
SO FAR AS THE PETITIONER IS CONCERNED.
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CRL.P No. 1239 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice
for respondent No.1.
2. Though this petition has come up for admission, with
consent of learned counsel for the parties, the same is heard
and disposed of by this order.
3. This petition is filed by accused No.2 under Section
482 of Cr.P.C. for quashing criminal proceedings in C.C.
No.132/2020 arising out of Crime NO.345/2019 registered by
Doddapete Police Station, now pending on the file of Judicial
Magistrate First Court II, Shivammoga, for the offence
punishable under Section 78(3) of Karnataka Police Act, 1963
(for short 'Act').
4. Heard learned counsel for petitioner-accused No.2 and
the learned High Court Government Pleader for respondent-
State.
5. The case of petitioner is that on the suo moto
complaint registered by the respondent police on 19.11.2019,
CRL.P No. 1239 of 2023
they visited the spot and seized cash and other materials in
respect of matka said to be played by accused No.1 and later,
after registering FIR, filed charge sheet. During investigation,
accused No.1 revealed the name of the petitioner herein and
therefore, the name of the petitioner has been included in the
charge sheet, which is under challenge in this petition.
6. Learned counsel for the petitioner has brought to the
notice of this Court that the offence against the petitioner is
non cognizable offence, where the police obtained permission
from the Magistrate who, without application of mind, issued
endorsement as 'permitted' which is against the provisions of
aw.
7. Per contra, learned High Court Government Pleader
has objected the petition.
8. Having heard learned counsel for the parties, perused
records.
9. On perusal of record, it reveals that the offence
against the accused is playing Matka which is punishable under
Section 78 of the Act. The name of the petitioner was not
CRL.P No. 1239 of 2023
mentioned in the complaint. However, his name was mentioned
by accused No.1, in voluntary statement during investigation.
Learned counsel for the petitioner has brought to the notice
that the police registered NCR and sent requisition to the
Magistrate, where the Magistrate has endorsed as 'permitted'
which is not correct. In view of the judgment of this Court in
the case of Vaggeppa Gurulinga Jangaligi vs. The State of
Karnataka through PSI, Kagwad Police Station, Belagavi
decided in Criminal Petition No.101997/2019 dated
10.12.2019, the Magistrate is required to apply mind while
granting permission for investigating the matter. Mere
mentioning on the requisition as 'permitted' shows non
application of mind, which is against the guidelines of this court
issued in Vaggeppa Gurulinga Jangaligi's case. That apart, the
complaint is not sent to the Magistrate by the complainant
under Section 155(2) of Cr.P.C., which is not sustainable in
law.
10. Therefore, the petition is allowed. The criminal
proceedings against the petitioner-accused No.2 in
C.C.No.132/2020 arising out of Crime No.345/2019 registered
CRL.P No. 1239 of 2023
by Doddapete Police Station, now pending on the file of Judicial
Magistrate First Court II, Shivammoga, is quashed.
The materials or cash, if any, seized, is to be forfeited to
the State.
Sd/-
JUDGE
CS
