Mahesh S/O Mallikarjuna Kidadal vs The State Of Karnataka
2023 Latest Caselaw 2891 Kant

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                                                       CRL.P No. 101237 of 2023




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 5TH DAY OF JUNE, 2023

                                              BEFORE

                              THE HON'BLE MR JUSTICE V.SRISHANANDA

                               CRIMINAL PETITION NO. 101237 OF 2023

                      BETWEEN:

                      MAHESH S/O. MALLIKARJUNA KIDADAL,
                      AGE: 28 YEARS, OCC: LABOURER,
                      R/O: SRI BASAVESHWARA CIRCLE,
                      KOPPAL CITY, KOPPAL -5711041.
                                                                  ...PETITIONER
                      (BY SRI. B. ANWAR BASHA, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
                      (THROUGH TOWN PS KOPPAL)
                      REP BY ITS SPP,
                      HIGH COURT OF KARNATAKA, BENCH,
                      DHARWAD- 580001.
CHANDRASHEKAR
LAXMAN                                                           ...RESPONDENT
KATTIMANI             (BY SMT. GIRIJA S. HIREMATH, HCGP)

Digitally signed by          THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CHANDRASHEKAR
LAXMAN                CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
KATTIMANI
Date: 2023.06.09      C.C.NO. 237/2020 BEFORE SENIOR CIVIL JUDGE AND CJM AT
15:19:12 -0700
                      KOPPAL (ARISING OUT OF CRIME NO. 102/2020) REGISTERED
                      BY TOWN, P.S. KOPPAL) FOR AN OFFENCE P/U/SEC. 78) (vi)
                      KARNATAKA POLICE ACT 1963 AND 269 OF IPC BY ALLOWING
                      THE CRIMINAL PETITION IN SO FOR AS THIS PETITIONER IS
                      CONCERNED.
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                                     CRL.P No. 101237 of 2023




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


                           ORDER

Heard Sri.Anwar Basha, 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 entire proceedings in C.C.NO. 237/2020 before Senior Civil Judge and CJM at Koppal (arising out of Crime No. 102/2020) registered by Town, P.S. Koppal) for an offence P/u/sec. 78) (vi) Karnataka Police Act 1963 and 269 of IPC by allowing the criminal petition in so for as this petitioner is concerned."

3. Brief facts of the case are as under:

The P.I. of Koppal Nagar Police Station received a

credible information that near Old Tahasildar Office,

J.P.Market, Koppal nagar some unknown people are

indulged in IPL Cricket Betting. Accordingly, he formed

the raid team and raided the said place and found that

accused persons were indulged in Cricket Betting and

CRL.P No. 101237 of 2023

accordingly they apprehended them and seized money and

other articles which were used in IPL cricket betting and

registered a case under Section 78(VI) 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 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.

CRL.P No. 101237 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.

CRL.P No. 101237 of 2023

The entire proceedings in C.C.No.237/2020 pending

on the file of Senior Civil Judge and CJM, Koppal for the

offence punishable under Section 78(VI) of K.P. Act, 1963

as against the petitioner are hereby quashed.

Sd/-

JUDGE

SH