Venkateshwara Reddy N S/O Picchi ... vs The State Of Karnataka
2023 Latest Caselaw 4931 Kant

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                                                       NC: 2023:KHC-D:7842
                                                       CRL.P No. 101528 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 27TH DAY OF JULY, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE V.SRISHANANDA

                              CRIMINAL PETITION NO. 101528 OF 2023

                      BETWEEN:

                      1.   VENKATESHWARA REDDY N.
                           S/O. PICCHI REDDY.
                           AGE: 43 YEARS, OCC: BUSINESS,
                           R/O: SAI KUTIRA RAYOAL COLONY,
                           SN PET, BALLARI -583104.

                      2.   NANDISH MALLESHAPPA S/O. MALLESHAPPA
                           AGE: 28 YEARS, OCC: FARMER,
                           R/O: NEAR SUNKALAMMA KATTE
                           VENIVEERAPURA VILLAGE,
                           BALLARI -583201.

                      3.   SRIKANTHA S/O. HONNURAPPA,
CHANDRASHEKAR              AGE: 32 YEARS, OCC: BUSINESSMAN,
LAXMAN
KATTIMANI                  R/O: NEAR VNV SCHOOL, COWL BAZAR,
                           BALLARI -583201.
                                                                ...PETITIONERS
                      (BY SRI. B. ANWAR BASHA, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN                AND:
KATTIMANI
Date: 2023.07.28
11:04:57 -0700        THE STATE OF KARNATAKA,
                      (THROUGH RURAL PS BALLARI)
                      REP. BY ITS SPP,
                      HIGH COURT OF KARNATAKA, BENCH,
                      DHARWAD -580001.
                                                                ...RESPONDENT
                      (BY SMT. GIRIJA S. HIREMATH, HCGP)
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                                    NC: 2023:KHC-D:7842
                                    CRL.P No. 101528 of 2023




     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO. 435/2022 BEFORE LEARNED III ADDL. CIVIL JUDGE
AND JMFC AT BALLARI (ARISING OUT OF CRIME NO.
124/2022) REGISTERED BY RURAL PS BALLARI, FOR AN
OFFENCE P/U/SEC. 78(a) (vi) OF KARNATAKA POLICE ACT
1963 BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS
THIS PETITIONER IS CONCERNED.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

Heard Shri. B.Anwar Basha, learned counsel for the

petitioners 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. 435/2022 before learned III Addl. Civil Judge and JMFC at Ballari (arising out of Crime No. 124/2022) registered by Rural PS Ballari, for an offence P/u/sec. 78(a) (vi) of Karnataka Police Act 1963 by allowing the criminal petition insofor as this petitioner is concerned."

3. Brief facts of the case are as under:

The Police Officer of Ballari Rural Station received a

credible information that near Raghavendra Colony Park

NC: 2023:KHC-D:7842 CRL.P No. 101528 of 2023

within Ballari Rural limits, some unknown people are

indulged in cricket betting. Accordingly, he formed the

raid team and raided the said place and found that

accused persons were indulged in 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(a)(vi) of K.P. 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

NC: 2023:KHC-D:7842 CRL.P No. 101528 of 2023

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 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:

NC: 2023:KHC-D:7842 CRL.P No. 101528 of 2023

ORDER

Criminal Petition is allowed.

The entire proceedings in

C.C.No.435/2022 pending on the file of III

Additional Civil Judge and JMFC, Ballari for the

offence punishable under Section 78(a)(vi) of

K.P. Act, 1963 as against the petitioners are

hereby quashed.

Sd/-

JUDGE

SH