Sri. Rajabakshi S/O Mabu Sab vs The State Of Karnataka
2024 Latest Caselaw 5018 Kant

Karnataka High Court

Sri. Rajabakshi S/O Mabu Sab vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                         NC: 2024:KHC-D:3948
                                                         CRL.P No. 101410 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. 101410 OF 2023

                   BETWEEN:

                   SRI. RAJABAKSHI S/O MABU SAB,
                   AGE. 31 YEARS, OCC. BUSINESS,
                   R/O. 6TH WARD TEKKALAKOTE,
                   TQ. SIRUGUPPA, DIST. BALLARI-583121.
                                                                     ... PETITIONER
                   (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA,
                   R/BY ITS SPP,
                   HIGH COURT OF KARNATAKA,
                   BENCH DHARWAD-580001.
                   (THROUGH TEKKALAKOTE P.S.)
MANJANNA                                                            ... RESPONDENT
E
                   (BY SRI. P.N. HATTI, HCGP)
Digitally signed
by MANJANNA E
Date: 2024.02.22          THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
14:22:41 +0530
                   SEEKING     TO   QUASH       THE     ENTIRE   PROCEEDINGS   IN
                   C.C.NO.108/2021 CIVIL JUDGE AND JMFC SIRUGUPPA (ARISING OUT
                   OF CRIME NO.108/2020 REGISTERED TEKKALKOTA P.S) FOR AN
                   OFFENCE PUNISHABLE U/S.78(3) OF KARNATAKA POLICE ACT 1963
                   BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS
                   PETITIONER IS CONCERNED.


                          THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                             -2-
                                  NC: 2024:KHC-D:3948
                                  CRL.P No. 101410 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 02.12.2020 at 7.00 p.m., and

registered the FIR on 03.12.2020 at 8.15 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:3948

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK