Karnataka High Court
Sagar S/O.Savant Honakande vs The State Of Karnataka on 14 June, 2023
Bench: V.Srishananda
-1-
CRL.P No. 100279 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100279 OF 2020
BETWEEN:
SAGAR S/O. SAVANT HONAKANDE
AGE: 32 YEARS, OCC: BUSINESS,
ATHANI, TQ: ATHANI,
DIST: BELAGAVI.
...PETITIONER
(BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
THROUGH ATHANI POLICE STATION.
...RESPONDENT
CHANDRASHEKAR (BY SMT. GIRIJA S. HIREMATH, HCGP)
LAXMAN
KATTIMANI
Digitally signed by
CHANDRASHEKAR THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
LAXMAN KATTIMANI
Date: 2023.06.17
10:47:00 -0700 PRAYING TO QUASH THE PROCEEDINGS IN CC NO.1325/2016
PENDING BEFORE THE PRL. CIVIL JUDGE JMFC, ATHANI,
BELAGAVI (ANNEXURE-D) FOR OFFENCE PUNISHABLE U/S 87
OF KP ACT, 1963.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
-2-
CRL.P No. 100279 of 2020
ORDER
Heard Shri. Prashant S. Hosmani, 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, for the reasons stated above, it
is most humbly prayed that this Hon'ble Court may
kindly be pleased to quash the proceedings in C.C.
No.1325/2016 pending before the Prl. Civil Judge
and JMFC, Athani, Belagavi (Annesure-D) for
offence punishable U/sec.87 of K.P. Act, 1963 in
respect of petitioner only in the interest of justice
and equity.."
3. Brief facts of the case are as under:
The P.S.I of Athani Police received a credible
information that some unknown people are gambling in
public place. Accordingly, a raid team was formed and
raided the said place and found that accused/persons were
involved in gambling and accordingly they apprehended
CRL.P No. 100279 of 2020
them and seized money and some articles which were
used in gambling and registered a case under Section 87
of the K.P. Act, 1963 and investigated the matter and filed
charge sheet.
4. Petitioners challenged the said action by
contending that admittedly the offence punishable under
Section 87 of the 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)
KAR.L.J, the action on the part of police cannot be
countenanced in law.
CRL.P No. 100279 of 2020
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 are 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.
10. Hence, the following order is passed:
ORDER
Petition is allowed.
CRL.P No. 100279 of 2020
The entire proceedings in C.C.No.1325/2016 pending
on the file of learned Prl. Civil Judge and JMFC, Athani for
the offence punishable under Section 87 of the K.P. Act,
1963 as against the petitioner/accused No.4 is hereby
quashed.
Sd/-
JUDGE
SMM
