Karnataka High Court
Tushar S/O. Krishnasa Kalburgi vs The State Of Karnataka on 12 July, 2023
Bench: V.Srishananda
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CRL.P No. 101385 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101385 OF 2023
BETWEEN:
TUSHAR S/O. KRISHNASA KALBURGI,
AGE: 26 YEARS, OCC: SWEET BUSINESS,
R/AT: H.NO.26, MADIWALNAGAR DHOBHI GHAT,
ASHOK NAGAR, RAILWAY UNDER BRIDGE,
HUBBALLI, DHARWAD -580 032.
...PETITIONER
(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
KAMARIPETH POLICE STATION,
HUBBALLI, REP BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA,
CHANDRASHEKAR DHARWAD BENCH, AT: DHARWAD.
LAXMAN
KATTIMANI ...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
Date: 2023.07.13
16:31:04 -0700 OF CR.P.C. SEEKING TO QUASH THE COGNIZANCE DATED
19.05.2023 AS TAKEN AGAINST THE ACCUSED
NO.2/PETITIONER IN KAMARIPETH PS CRIME NO. 09/2023
WHICH IS REGISTERED IN C.C.NO. 1669/2023 ON THE FILE OF
HON'BLE J.M.F.C. III COURT, AT HUBBALLI FOR THE OFFENCE
P/U/SEC. 78(3) OF K.P. ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 101385 of 2023
ORDER
Heard Sri Gourishankar H.Mot, 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 cognizance dated 19.05.2023
as taken against the accused no.2/petitioner in
Kamaripeth PS Crime No. 09/2023 which is
registered in C.C.No. 1669/2023 on the file of
Hon'ble J.M.F.C. III Court at Hubballi for the offence
p/u/sec. 78(3) of K.P. Act."
3. Brief facts of the case are as under:
The Police Officer of Kamaripeth Police Station
Hubballi received a credible information that near Divate
Oni, Ishwargudi road, the petitioner and some other
persons are indulged in IPL cricket betting. Accordingly, he
formed the raid team and raided the said place and found
that accused person was indulged in cricket betting and
accordingly they apprehended him and seized money and
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CRL.P No. 101385 of 2023
other articles which were used in cricket betting and
registered a case under Section 78(3) of Karnataka Police
Act, 1963 and investigated the matter and filed charge
sheet.
4. The petitioner 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.
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CRL.P No. 101385 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 petitioner 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.
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CRL.P No. 101385 of 2023
The entire proceedings in
C.C.No.1669/2023 pending on the file of
J.M.F.C. III, Hubballi for the offence punishable
under Section 78(3) of the Karnataka Police
Act, 1963 as against the petitioner are hereby
quashed.
Sd/-
JUDGE
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