Karnataka High Court
Sri Mohammad Imran S/O Jamal Sab vs The State Of Karnataka on 27 July, 2023
Bench: V.Srishananda
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NC: 2023:KHC-D:7845
CRL.P No. 101502 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. 101502 OF 2023
BETWEEN:
1. SRI MOHAMMAD IMRAN S/O. JAMAL SAB,
AGE: 45 YEARS, OCC: BUSINESSMAN.
2. SRI. NIYAZ S/O. JAMAL SAB,
AGE: 43 YEARS, OCC: BUSINESSMAN
R/O: JUMME MASIDI STREET,
WARD NO.24, COWL BAZAR BALLARI,
TQ AND DIST: BALLARI -583101.
...PETITIONERS
(BY SRI. B.C. JNANAYYASWAMI, ADVOCATE)
AND:
CHANDRASHEKAR
LAXMAN THE STATE OF KARNATAKA,
KATTIMANI
REP. BY ITS SPP,
HIGH COURT OF KARANATAKA, BENCH,
Digitally signed by
CHANDRASHEKAR DHARWAD -580001.
LAXMAN KATTIMANI (THROUGH COWLBAZAR P.S.)
Date: 2023.07.28
11:04:41 -0700 ...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. SEEKING THAT QUASH THE ENTIRE PROCEEDINGS
IN C.C.NO.451/2022 II ADDL. CIVIL JUDGE AND JMFC BALLARI
(ARISING OUT OF CRIME NO.118/2022 REGISTERED
COWLBAZAR, P.S) FOR AN OFFENCE PUNISHABLE U/S 78(3)
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CRL.P No. 101502 of 2023
OF KARNATAKA POLICE ACT 1963 BY ALLOWING THE
CRIMINAL PETITION IN SO FOR AS THIS
PETITIONER/ACCUSED NO.2 AND 3 IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. B. C. Jnanayyaswami, learned counsel for
petitioners and Smt. Girija S. Hiremath, 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:
"Wherefore, the petitioners/accused Nos.2
and 3 respectfully prays that this Hon'ble Court
may be pleased to quash the entire proceedings
in C.C. No.451/2022 Learned II Addl. Civil Judge
and JMFC, Ballari (arising out of Crime
No.118/2022 registered Cowlbazar, P.S.) for an
offence punishable U/S. 78(3) of Karnataka Police
Act, 1963 by allowing the Criminal Petition insofar
as this petitioners are concerned the interest of
Justice."
3. Brief facts of the case are as under:
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CRL.P No. 101502 of 2023
The P.S.I of Cowlbazar Police Station, Ballari District,
received a credible information that in Basamma school
behind Jagruthi circle at public place some unknown
people are indulging in playing 'Matka'. Accordingly, a raid
team was formed and raided the said place and found that
accused/persons were involved in playing 'Matka' and
accordingly they apprehended them and seized some
articles which were used in playing Matka and registered a
case under Section 78(3) 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 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 the charge sheet is illegal.
5. In view of the authorative judgment in the case
of Vaggeppa Gurulinga Jangaligi Vs. State of Karnataka
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CRL.P No. 101502 of 2023
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 the 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 it requires under
Section 155 of Cr.P.C. and had to obtain necessary
permission before proceeding to register the case.
9. Since the Head of Raid party has not done so,
registering the case and filing of charge sheet has
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CRL.P No. 101502 of 2023
rendered illegal whereby calling for interference by this
Court under Section 482 of Cr.P.C.
10. Hence, the following order is passed:
ORDER
Petition is allowed.
The entire proceedings in C.C.No.451/2022
pending on the file of learned II Additional Civil
Judge and JMFC, Ballari for the offence
punishable under Section 78(3) of K.P. Act,
1963 as against petitioners/accused Nos.2 and 3
is hereby quashed.
Ordered accordingly.
Sd/-
JUDGE
SMM
