Sri Amar S/O Narayan Delabanjan vs The State Of Karnataka
2023 Latest Caselaw 4190 Kant

                                                -1-
                                                       NC: 2023:KHC-D:6963
                                                       CRL.P No. 101344 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 10TH DAY OF JULY, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE V.SRISHANANDA

                             CRIMINAL PETITION NO. 101344 OF 2023

                      BETWEEN:

                      SRI. AMAR S/O. NARAYAN DELABANJAN,
                      AGE: 32 YEARS, OCC: LABOURER,
                      R/O: NEAR SBI BANK, TRAND FOOTWEAR,
                      HAGARIBOMMANHALLI,
                      DIST: BALLARI -583101.
                                                                  ...PETITIONER
                      (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)

                      AND:

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

                           THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
Digitally signed by   OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
CHANDRASHEKAR
LAXMAN                C.C.NO. 208/2021 SENIOR CIVIL JUDGE AND CJM AT KOPPAL
KATTIMANI             (ARISING OUT OF CRIME NO. 33/2021 REGISTERED KOPPAL
Date: 2023.07.13
12:53:05 -0700        TOWN P.S.) FOR      AN OFFENCE P/U/SEC. 78 (VI) OF
                      KARNATAKA POLICE ACT 1963, BY ALLOWING THE CRIMINAL
                      PETITION IN SO FOR AS THIS PETITIONER/ACCUSED NO.3 IS
                      CONCERNED.

                           THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
                                  -2-
                                        NC: 2023:KHC-D:6963
                                        CRL.P No. 101344 of 2023




                            ORDER

Heard Sri B.C.Jnanayyaswami, learned counsel for

the petitioner and 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:

"To quash the entire proceedings in C.C.No.208/2021 Senior Civil Judge and CJM at Koppal (arising out of Crime No. 33/2021 registered Koppal Town P.S.) for an offence p/u/sec. 78 (vi) of Karnataka Police Act 1963, by allowing the criminal petition in so for as this petitioner/accused No.3 is concerned."

3. Brief facts of the case are as under:

The Police Sub-Inspector of Koppal Town Police

Station Ballari received a credible information that in

Koppal Town, near Kote Anjaneya Temple, the petitioners

and some other persons are indulged in cricket betting.

Accordingly, he formed the raid team and raided the said

place and found that accused persons were indulged in

NC: 2023:KHC-D:6963 CRL.P No. 101344 of 2023

cricket betting and accordingly they apprehended them

and seized money and other articles which were used in

cricket betting and registered a case under Section 78(vi)

of Karnataka Police Act, 1963 and investigated the matter

and filed charge sheet.

4. The petitioners challenged the said action by

contending that admittedly the offence punishable under

Section 78 of K.P. Act is a 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 charge sheet is illegal.

5. In view of the authoritative 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:6963 CRL.P No. 101344 of 2023

6. However, learned High Court Government

Pleader supports 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 is non-cognizable in

nature and therefore the head of the raid party was

required to follow the procedure as required under Section

155 of Cr.P.C. and has to obtain necessary permission

before proceeding to register a case.

9. Since the head of raid party has not done so,

registering case and filing of charge sheet has rendered

illegal whereby calling for interference by this Court under

Section 482 of Cr.P.C. Accordingly, following order is

passed:

ORDER

Criminal Petition is allowed.

NC: 2023:KHC-D:6963 CRL.P No. 101344 of 2023

The entire proceedings in

C.C.No.208/2021 pending on the file of Senior

Civil Judge and C.J.M., Koppal for the offence

punishable under Section 78(vi) of the

Karnataka Police Act, 1963 as against the

petitioners are hereby quashed.

Sd/-

JUDGE

CLK