Sri Imran S/O Jamal Sab vs The State Of Karnataka
2023 Latest Caselaw 4938 Kant

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                                                        NC: 2023:KHC-D:7850
                                                        CRL.P No. 101496 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. 101496 OF 2023

                      BETWEEN:

                      SRI. IMRAN S/O. JAMAL SAB,
                      AGE: 45 YEARS, OCC: BUSINESSMAN
                      R/O: JUMME MASIDI STREET,
                      WARD NO.24, COWL BAZAR BALLARI,
                      TQ AND DIST: BALLARI -583101.
                                                                   ...PETITIONER
                      (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
                      REP. BY ITS SPP,
                      HIGH COURT OF KARANATAKA, BENCH,
CHANDRASHEKAR         DHARWAD -580001.
LAXMAN
KATTIMANI             (THROUGH COWLBAZAR P.S.)
                                                                 ...RESPONDENT
Digitally signed by   (BY SMT. GIRIJA S. HIREMATH, HCGP)
CHANDRASHEKAR
LAXMAN
KATTIMANI
Date: 2023.07.28
11:03:58 -0700               THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
                      OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
                      C.C.NO. 54/2021 II ADDL. CIVIL JUDGE AND JMFC BALLARI
                      (ARISING OUT OF CRIME NO. 22/2020 REGISTERED COWL
                      BAZAR, P.S.) FOR AN OFFENCE P/U/SEC. 78(3) OF KARNATAKA
                      POLICE ACT 1963 BY ALLOWING THE CRIMINAL PETITION IN
                      SO FOR AS THIS PETITIONER IS CONCERNED.
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                                           NC: 2023:KHC-D:7850
                                           CRL.P No. 101496 of 2023




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


                               ORDER

Heard Shri. B. C. Jnanayyaswami, learned counsel for

the petitioner 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 petitioner/accused No.5 respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings in C.C. No.54/2021 Learned II Addl. Civil Judge and JMFC, Ballari (arising out of Crime No.22/2020 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 petitioner is concerned the interest of Justice."

3. Brief facts of the case are as under:

The P.S.I of Cowlbazar Police Station, Ballari District,

received a credible information that in Ballari kote village

NC: 2023:KHC-D:7850 CRL.P No. 101496 of 2023

near ajanayya swamy temple 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 petitioner 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

reported in ILR 2020 KAR 630 and in the case of Eraiah

and Others Vs. State of Karantaka reported in 1977(1)

NC: 2023:KHC-D:7850 CRL.P No. 101496 of 2023

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 petitioner 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

rendered illegal whereby calling for interference by this

Court under Section 482 of Cr.P.C.

NC: 2023:KHC-D:7850 CRL.P No. 101496 of 2023

10. Hence, the following order is passed:

ORDER

Petition is allowed.

The entire proceedings in C.C.No.54/2021

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 the petitioner/accused No.5 is

hereby quashed.

Ordered accordingly.

Sd/-

JUDGE

SMM