Chandrakant S/O. Siddappa Gondali vs State Of Karnataka
2024 Latest Caselaw 5005 Kant

Karnataka High Court

Chandrakant S/O. Siddappa Gondali vs State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                 -1-
                                                        NC: 2024:KHC-D:3942
                                                        CRL.P No. 103497 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. 103497 OF 2023


                   BETWEEN:
                   CHANDRAKANT S/O. SIDDAPPA GONDALI
                   AGE: 42 YEARS, OCC: DRIVER,
                   R/O: MEDAR GALLI, HALIYAL, TQ: HALIYAL,
                   DIST: UTTARA KANNADA-581329.
                                                                    ...PETITIONER
                   (BY SRI. SHIVA SHIRUR.,ADVOCATE)


                   AND:
                   STATE OF KARNATAKA
                   HALIYAL POLICE STATION,
                   REPRESENTED BY THE STATE
                   PUBLIC PROSECUTOR,
                   HIGH COURT BUILDING,
                   DHARWAD-580001.
                                                                   ...RESPONDENT
                   (BY SRI.P.N.HATTI, HCGP)
MANJANNA
E
                          THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
Digitally signed
by MANJANNA E
Date: 2024.02.22
                   SEEKING TO ALLOW THE PETITION AND QUASH THE FIR,
14:27:42 +0530

                   COMPLAINT, CHARGE-SHEET AND ALL FURTHER PROCEEDINGS
                   PURSUANT TO IT IN C.C.NO. 1308/2022 (ARISING OUT OF
                   HALIYAL    P.S.CR.NO.   124/2022)   AT   ANNEXURE-D   PENDING
                   BEFORE CIVIL JUDGE AND J.MF.C. HALIYAL IN SO FAR AS
                   ACCUSED NO.2/PETITIONER IS CONCERNED FOR THE ALLEGED
                   OFFENCE P/U/SEC. 78(3) OF KARNATAKA POLICE ACT 1963.


                          THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
                   DAY, THE COURT MADE THE FOLLOWING:
                                      -2-
                                             NC: 2024:KHC-D:3942
                                             CRL.P No. 103497 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, Haliyal Police Station, has conducted the

raid on a credible information regarding some persons

were playing Mataka on 20.07.2022 at 10.50 a.m., and

registered the FIR on 20.07.2022 at 12.30 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.

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE EM/CT:BCK