Laxman Alias Nittur Laxmana Alias Laxma vs The State Of Karnataka
2024 Latest Caselaw 5017 Kant

Karnataka High Court

Laxman Alias Nittur Laxmana Alias Laxma vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                        NC: 2024:KHC-D:3947
                                                        CRL.P No. 100528 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.100528 OF 2023

                   BETWEEN:
                   LAXMAN @ NITTUR LAXMANA @ LAXMA
                   S/O. BAGEVADI ERAPPA,
                   AGE: 43 YEARS, OCC: AGRICULTURE,
                   R/O: NITTUR VILLAGE SIRGUPPA,
                   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,
                   DISTRICT: BALLARI-580011.
MANJANNA                                                           ...RESPONDENT
E
                   (BY SRI.P.N.HATTI, HCGP)
Digitally signed
by MANJANNA E
Date: 2024.02.22
14:20:27 +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. 78/2018 ON THE FILE OF CIVIL JUDGE
                   AND JMFC COURT, SIRAGUPPA BALLARI (CRIME NO.74/2017)
                   TEKKALKOTA P.S. REGISTERED FOR THE OFFENCES PUNISHABLE
                   U/SEC. 78(3) OF KARNATAKA POLICE ACT, 1963, IN SO FAR AS
                   PETITIONER/ ACCUSED NO.3 IS CONCERNED.

                         THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
                   DAY, THE COURT MADE THE FOLLOWING:
                              -2-
                                   NC: 2024:KHC-D:3947
                                   CRL.P No. 100528 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 13.06.2017 at 6.50 p.m., and

registered the FIR on 14.06.2017 at 6.00 p.m., and the

jurisdictional Magistrate has permitted by endorsing as

"permitted" on 14.06.2017.

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:3947

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK