Raghu Alias vs The State Of Karnataka
2024 Latest Caselaw 4959 Kant

Karnataka High Court

Raghu Alias vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                       -1-
                                                              NC: 2024:KHC-D:3945
                                                              CRL.P No. 100522 of 2023




                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                             DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                  BEFORE

                             THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                                CRIMINAL PETITION NO.100522 OF 2023

                      BETWEEN:

                      RAGHU @ RAGHAVENDRA
                      S/O. RAMACHANDRAPPA,
                      AGE: 46 YEARS, OCC: AGRICULTURE,
                      R/O. TEKKALAKOTA TOWN,
                      DISTRICT: BALLARI.
                                                                            ...PETITIONER
                      (BY SRI.SRINIVAS B.NAIK, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
                      REPRESENTED BY SPP
                      HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH,
                      THROUGH TEKKALKOTA POLICE STATION,
MANJANNA
E                     DISTRICT: BALLARI-580011.
Digitally signed by
                                                                           ...RESPONDENT
MANJANNA E            (BY SRI.P.N.HATTI, HCGP)
Date: 2024.02.22
14:20:14 +0530

                             THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                      SEEKING     TO   QUASH     THE    CHARGE     SHEET   AND   ENTIRE
                      PROCEEDINGS IN CC NO. 73/2018          ON THE FILE OF CIVIL JUDGE
                      AND JMFC COURT, SIRAGUPPA BALLARI            (CRIME NO.154/2017)
                      TEKKALKOTA P.S. REGISTERED FOR THE OFFENCES PUNISHABLE
                      U/SEC.    U/SEC. 78(3) OF KARNATAKA POLICE ACT, 1963, IN SO FAR
                      AS PETITIONER/ ACCUSED NO.1 IS CONCERNED.


                             THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
                      DAY, THE COURT MADE THE FOLLOWING:
                             -2-
                                  NC: 2024:KHC-D:3945
                                  CRL.P No. 100522 of 2023




                          ORDER

1. This petition is filed challenging the proceedings

initiated against the petitioner for offence punishable

under Section 78(III) of the Karnataka Police Act, 1963.

2. The material on record reveals that, the Police

Sub-Inspector, Tekkalakote Police Station, has conducted

the raid on a credible information regarding some persons

were playing Mataka on 13.09.2017 at 7.00 p.m., and

registered the FIR on 14.09.2017 at 1.15 p.m.

3. Since the investigation was commenced before

obtaining the permission under Section 155(2) of Cr.P.C.,

it is obvious that the proceedings are vitiated, in view of

the judgment rendered by this Court in the case of

Vaggeppa Gurulingappa Jangaligi Vs. The State of

Karnataka in Crl.P.No.101997/2019 disposed of on

10.12.2019.

NC: 2024:KHC-D:3945

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK