Ashok Somanathasa Raibagi vs State Of Karnataka
2024 Latest Caselaw 5006 Kant

Karnataka High Court

Ashok Somanathasa Raibagi vs State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                           NC: 2024:KHC-D:3943
                                                           CRL.P No. 100365 of 2024




                        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. 100365 OF 2024


                      BETWEEN:
                      ASHOK SOMANATHASA RAIBAGI
                      AGE: 45 YEARS, OCC: WEAVER,
                      R/O: VAJPEYI NAGAR, GAJENDRAGAD,
                      DIST: GADAG-582114.
                                                                       ...PETITIONER
                      (BY SRI.RAJA RAGHAVENDRA NAIK, ADVOCATE)


                      AND:
                      STATE OF KARNATAKA
                      THROUGH GAJENDRAGAD POLICE STATION,
                      REPRESENTED BY STATE PUBLIC PROSECUTOR,
                      HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH-580011.
                                                                      ...RESPONDENT
                      (BY SRI.P.N.HATTI, HCGP)


                             THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
         Digitally
         signed by
         MANJANNA
                      SEEKING    TO   ALLOW   THIS   PETITION   BY   QUASHING   THE
MANJANNA E
E        Date:
         2024.02.22   PROCEEDINGS IN CC NO. 2471/2021 CRIME NO. 160/2021
         14:19:50
         +0530
                      REGISTERED WITH GAJENDRAGAD POLICE STATION, RON CIRCLE
                      DISTRICT GADAG FOR THE OFFENCES P/U/SEC. 78(3) OF
                      KARNATAKA POLICE ACT PENDING BEFORE THE PRINCIPAL CIVIL
                      JUDGE AND JMFC COURT AT RON DISTRICT GADAG.


                             THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
                      DAY, THE COURT MADE THE FOLLOWING:
                                      -2-
                                             NC: 2024:KHC-D:3943
                                             CRL.P No. 100365 of 2024




                                  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, Gajendraghad Police Station, has conducted the raid on a credible information regarding some persons were playing Mataka on 09.09.2021 at 06.00 p.m., and registered the FIR on 15.09.2021 at 11.00 a.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