Sri Iqbal S/O Gulam Hussain vs The State Of Karnataka
2023 Latest Caselaw 4191 Kant

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                                                  NC: 2023:KHC-D:6962
                                                  CRL.P No. 101335 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. 101335 OF 2023

                BETWEEN:

                SRI. IQBAL S/O. GULAM HUSSAIN,
                AGE: 48 YEARS, OCC: LABOURER,
                R/O: MUNIRABAD,
                TQ AND DIST: KOPPAL -583231.
                                                             ...PETITIONER
                (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)

                AND:

                THE STATE OF KARNATAKA,
                R/BY ITS SPP, HIGH COURT OF KARNATAKA,
                BENCH DHARWAD-580001,
                (THROUGH MUNIRABAD 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 C.C.NO. 1223/2018 LEARNED CIVIL JUDGE AND JMFC KOPPAL
LAXMAN
KATTIMANI           (ARISING OUT OF CRIME NO. 189/2018       RGISTERED BY
Date: 2023.07.13    MUNIRABAD, P.S.) FOR AN OFFENCE P/U/SEC. 78(3) OF
12:52:41 -0700      KARNATAKA POLICE ACT 1963 BY ALLOWING THE CRIMINAL
                    PETITION IN SO FOR AS THIS 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:6962
                                     CRL.P No. 101335 of 2023




                            ORDER

Heard Sri B.C.J nanayyaswami, learned counsel

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

High Court Government Pleader for the respondent.

Perused the records on admission.

2. The pres ent petition is filed under Section

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

" To quash the entire proceedings in C.C.No.1223/2018 learned Civil Judge and JMFC Koppal (arising out of Crime No.189/2018 registered by Munirabad, P.S.) for an offence p/u/sec. 78(3) of Karnataka Police Act 1963 by allowing the criminal petition insofar as this petitioner/accused no.2 is concerned ."

3. Brief facts of the case are as under:

Sri K.Jayaprakash, the Police Sub-Inspector of

Munirabad Police Station has filed a complaint stating on

03.08.2018 at about 4.30 p.m. he received a credible

information that in Hosaningapur village near Pandyan

Hotel, at public place some unknown persons are indulged

in gambling. Accordingly, he secured two independent

NC: 2023:KHC-D:6962 CRL.P No. 101335 of 2023

persons for the intended raid as panch witnesses and also

formed a raid team.

All of them proceeded in a jeep and were on look out

for the alleged gamblers. They noticed that one person

was standing and was inviting the people to play 'matka' /

'o.c.' by offering them Rs.80/- for Rs.1/-. Many public had

gathered there and immediately the raid team proceeded

there and on seeing them, the persons who were

assembled there dispersed. Raid team was successful in

capturing the person who was indulged in the 'matka' /

'o.c.' and raided the said place and found that accused

persons were indulged in gambling and accordingly they

apprehended accused petitioner and seized money and

other articles which were used in gambling and registered

a case under Section 78(3) of Karnataka Police Act, 1963

(for short, 'K.P. Act') and investigated the matter and filed

charge sheet.

4. The petitioner challenged the said action by

contending that admittedly the offence punishable under

NC: 2023:KHC-D:6962 CRL.P No. 101335 of 2023

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.

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 petitioner is non-cognizable in

NC: 2023:KHC-D:6962 CRL.P No. 101335 of 2023

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.

The entire proceedings in C.C.No.1223/2018 pending on the file of Civil Judge and J.M.F.C., Koppal (arising out of Crime No.189/2018 registered by Munirabad P.S.) for the offence punishable under Section 78(3) of K.P. Act, 1963 as against the petitioner are hereby quashed.

Sd/-

JUDGE