Sri Eqbal S/O Gulam Hussain vs The State Of Karnataka
2023 Latest Caselaw 3909 Kant

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                                                       NC: 2023:KHC-D:6543
                                                       CRL.P No. 101305 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 3RD DAY OF JULY, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE V.SRISHANANDA

                             CRIMINAL PETITION NO. 101305 OF 2023


                      BETWEEN:

                      SRI. EQBAL S/O. GULAM HUSSAIN,
                      AGE: 48 YEARS, OCC: LABOUREER,
                      R/O: MUNIRABAD,
                      TQ AND DIST: KOPPAL- 582114.
                                                                  ...PETITIONER
                      (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE)


                      AND:

                      THE STATE OF KARNATAKA,
                      REP BY ITS SPP, HIGH COURT OF KARNATAKA
                      BENCH DHARWAD- 580001,
                      (THROUGH MUNIRABAD P.S)
CHANDRASHEKAR                                                   ...RESPONDENT
LAXMAN                (BY SMT. GIRIJA S. HIREMATH, HCGP)
KATTIMANI


Digitally signed by
CHANDRASHEKAR
                           THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
LAXMAN KATTIMANI      OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
Date: 2023.07.05
11:52:23 -0700        CC NO.1228/2021      PRL. CIVIL JUDGE AND JMFC KOPPAL,
                      (ARISING OUT OF CRIME NO.160/2021        REGISTERED BY
                      MUNIRABAD,      P.S.) FOR AN OFFENCE PUNISHABLE U/S
                      78(3)OF KARNATAKA POLICE ACT 1963, BY ALLOWING THE
                      CRIMINAL PETITION, IN SO FAR AS PETITIONER/ACCUSED
                      NO.2 IS CONCERNED.

                           THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
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                                               NC: 2023:KHC-D:6543
                                               CRL.P No. 101305 of 2023




                               ORDER

Heard Shri. B. C. Jnanayyaswami, learned counsel for

the petitioner and Smt. Girija S. Hiremath, learned High

Court Government Pleader for respondent-State.

2. The present petition is filed under Section 482

of Cr.P.C. with the following prayer:

"Wherefore the petitioner/accused No.2 respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings in C.C. No.1228/2021 learned Civil Judge & JMFC Court, Koppal (arising out of Crime No.160/2021 registered by Munirabad P.S.) for an offence punishable U/S.78(3) of Karnataka Police Act, 1963 by allowing the Criminal Petition insofar as this petitioner/Accused No.1 is concerned, in the interest of Justice."

3. Brief facts of the case are as under:

The P.S.I of Munirabad Police received a credible

information that Hosalingapur village at public place some

unknown people are indulging in playing 'Matka'.

Accordingly, a raid team was formed and raided the said

place and found that accused/persons were involved in

NC: 2023:KHC-D:6543 CRL.P No. 101305 of 2023

playing Matka and accordingly they apprehended them

and seized some articles which were used in playing Matka

and registered a case under Section 78(3) of K.P. Act,

1963 and investigated the matter and filed charge sheet.

4. Petitioners challenged the said action by

contending that admittedly the offence punishable under

Section 78 of K.P. Act is non cognizable offence and Head

of Raid party or police have not complied Section 155(2)

of Cr.P.C. before registration of the case and therefore

very registration of the case and investigation of the same

and filing of the charge sheet is illegal.

5. In view of the authorative judgment in the case

of Vaggeppa Gurulinga Jangaligi Vs. State of Karnataka

reported in ILR 2020 KAR 630 and in the case of Eraiah

and Others Vs. State of Karantaka reported in 1977(1)

KAR.L.J, the action on the part of police cannot be

countenanced in law.

NC: 2023:KHC-D:6543 CRL.P No. 101305 of 2023

6. However, learned High Court Government

Pleader supports the registration of the case and filing of

charge sheet stating that it is only formality.

7. In view of the rival contentions, this Court

perused the material on record meticulously.

8. On such perusal, it is seen that admittedly the

offence alleged against the petitioners are non cognizable

in nature and therefore the Head of the Raid party was

required to follow the procedure as it requires under

Section 155 of Cr.P.C. and had to obtain necessary

permission before proceeding to register the case.

9. Since the Head of Raid party has not done so,

registering the case and filing of charge sheet has

rendered illegal whereby calling for interference by this

Court under Section 482 of Cr.P.C.

10. Hence, the following order is passed:

NC: 2023:KHC-D:6543 CRL.P No. 101305 of 2023

ORDER

Petition is allowed.

The entire proceedings in C.C.No.1228/2021

pending on the file of learned Civil Judge and

JMFC, Koppal for the offence punishable under

Section 78(3) of K.P. Act, 1963 as against the

petitioner/accused No.2 are hereby quashed.

Ordered accordingly.

Sd/-

JUDGE

SMM