Karnataka High Court
Mahesh S/O Raja vs The State Of Karnataka on 10 July, 2023
Bench: V.Srishananda
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NC: 2023:KHC-D:6949
CRL.P No. 100056 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. 100056 OF 2023
BETWEEN:
1. MAHESH S/O. RAJA,
AGE: 24 YEARS, OCC: BUSSINESSMAN,
R/O: NEAR HULIGEMMA TEMPLE,
RUPANAGUDI ROAD, BALLARI -583201.
2. SOMASHEKHAR S/O. THIPPAYYA,
AGE: 40 YEARS, OCC: DRIVER,
R/O: RUPANAGUDI ROAD RAJYOTSAVA
NAGAR, BALLARI -583201.
...PETITIONERS
(BY SRI. B. ANWAR BASHA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
CHANDRASHEKAR (THROUGH BRUCEPETE PS BALLARI)
LAXMAN REP. BY ITS SPP,
KATTIMANI
HIGH COURT OF KARNATAKA BENCH,
DHARWAD -580001.
Digitally signed by ...RESPONDENT
CHANDRASHEKAR (BY SMT. GIRIJA S. HIREMATH, HCGP)
LAXMAN
KATTIMANI
Date: 2023.07.13 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
12:47:13 -0700
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.
234/2022 I ADDL. CIVIL JUDGE AND JMFC BALLARI (ARISING OUT
OF CRIME NO. 26/2022 REGISTERED BRUCEPETE, P.S. BALLARI) FOR
AN OFFENCE PUNISHABLE U/SEC. 78(3) OF KARNATAKA POLICE ACT
1963 BY ALLOWING THE CRIMINAL PETITION IN SO FAR AS THIS
PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 100056 of 2023
ORDER
Heard Sri.B.Anwar Basha, learned counsel for
the petitioners and learned High Court Government
Pleader for the respondent. Perused the records on
adm ission.
2. The present petit ion is filed under Section
482 of Cr.P.C. with the following prayer :-
" To quash the entire proceedings in C.C.No.
234/2022 I Addl. Civil Judge and JMFC Ballari
(arising out of Crime No.26/2022 registered
Brucepete, P.S. Ballari) for an offence punishable
U/sec. 78(3) of Karnataka Police Act 1963 by
allowing the criminal petition in so far as this
petitioners are concerned."
3. Brief facts of the case are as under:
Sri.Shanmukhappa G.R., the Police Inspector of
Brucepet Police Station has filed a complaint stating that
on 15.02.2022 at about 11.30 a.m. he received a credible
information that near I Cross Water Filter Tank,
Rajyotsava Nagar, some unknown people are indulged in
gambling. Accordingly, he secured two independent
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CRL.P No. 100056 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 petitioners 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 petitioners challenged the said action by
contending that admittedly the offence punishable under
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CRL.P No. 100056 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. On such
perusal, it is seen that admittedly the offence alleged
against the petitioners is non-cognizable in nature and
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CRL.P No. 100056 of 2023
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.
8. 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.234/2022 pending
on the file of I Additional Civil Judge and J.M.F.C., Ballari
(arising out of Crime No.26/2022 of Brucepete Police
Station, Ballari) for the offence punishable under Section
78(3) of K.P. Act, 1963 as against the petitioners are
hereby quashed.
Sd/-
JUDGE
