Karnataka High Court
Rafiq @ Shannu @ Babu vs State Of Karnataka on 1 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:24372
CRL.P No. 5908 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5908 OF 2024
BETWEEN:
RAFIQ @ SHANNU @ BABU
S/O HASAN SAB
AGED ABOUT 40 YEARS,
RESIDING AT 2ND STAGE
BEHIND UNITY HALL,
RML NAGARA, SHIVAMOGGA TOWN,
SHIVAMOGGA
KARNATAKA.
...PETITIONER
(BY SRI SANDESH SHETTY T., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed BY SHIVAMOGGA CEN POLICE STATION,
by NAGAVENI
REPRESENTED BY SPP,
Location: HIGH
HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA BENGALURU - 560 001.
2. DEEPAK M.S.,
POLICE OFFICER,
CEN CRIME POLICE STATION,
SHIVAMOGGA,
SHIVAMOGGA - 574 118.
...RESPONDENTS
(BY SMT.ASMA KOUSER, ADDL.SPP FOR R-1)
-2-
NC: 2024:KHC:24372
CRL.P No. 5908 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.7/2023 PENDING ON THE COURT OF PRINCIPAL CIVIL
JUDGE (Sr. Dn.) AND CJM SHIVMOGGA DISTRICT IN
CR.NO.95/2022 REGISTERED BY THE SHIVMOGGA CEN CRIME
P.S., AS AGAINST THE PETITIONER FOR OFFENCE P/U/S 78(3)
OF KARNATAKA POLICE (AMENDMENT) ACT, 2021 IN SO FAR
AS THIS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner in this petition calls in question proceedings in
C.C.No.7/2023, pending before the Principal Civil Judge (Sr.
Dn.) and CJM, Shimoga District, registered for offence
punishable under Section 78(3) of the Karnataka Police
(Amendment), Act, 2021 (for short 'the Act').
2. Heard Sri Sandesh Shetty T., learned counsel
appearing for the petitioner and Smt. Asma Kouser, learned
Additional State Public Prosecutor for respondent No.1 - State.
3. Facts in brief, germane, are as follows:
The case as projected by the prosecution is that, on
23.12.2022, in the afternoon at 02.40 p.m., respondent No.2 -
NC: 2024:KHC:24372
Police Officer of CEN Crime Police Station - complainant
receives a information that some unknown persons were
playing Osi-matka, at public place in K.P.C. bus stand,
Ninganamane village, Badravathi Taluk, Shivamogga district
and also collecting money from the public. The police raided
at the spot at 4.15 p.m., and found that said two persons were
indulged in playing Osi-matka. On the said incident, a crime
was registered for the offence punishable under Section 78(3)
of the Act.
4. The issue lies in a narrow compass. The Karnataka
Police (Amendment) Act, 2021 made certain offences
cognizable. Section 78(3) of the Act was one of them and
therefore, the FIR could not be registered without following the
procedure stipulated under Section 155 of the Cr.P.C. The said
amendment was called in question before the Division Bench in
W.P.No.18703/2021 and connected cases. Those amendments
were struck down by the Division Bench in terms of its order
dated 14.02.2022 to be unconstitutional. The judgment was
rendered on 14.02.2022 and the subject FIR is registered on
23.12.2022. Therefore, the FIR being registered under the
NC: 2024:KHC:24372
amending Act of 2021, which had already been declared to be
unconstitutional, is rendered unsustainable and therefore, the
petition deserves to be allowed.
5. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C.No.7/2023, pending before
the Principal Civil Judge (Sr. Dn.) and CJM,
Shimoga District, stand quashed.
Pending I.A.No.1/2024 is disposed, as a consequence.
Sd/-
JUDGE
NVJ
