Karnataka High Court
Rafiq @ Sannu @ Babu vs State Of Karnataka on 1 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:24374
CRL.P No. 5888 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. 5888 OF 2024
BETWEEN:
RAFIQ @ SANNU @ BABU
S/O HASAN SAB
AGED ABOUT 40 YEARS
R/AT 2ND STAGE, BEHIND UNITY HALL
RML NAGARA, SHIVAMOGGA TOWN
SHIVAMOGGA
KARNATAKA - 574 118.
...PETITIONER
(BY SRI. SANDESH SHETTY T., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHIVAMOGGA
Digitally signed CEN POLICE STATION
by NAGAVENI
REPRESENTED BY SPP
Location: HIGH
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA BENGALURU - 560 001.
2. JAGADISH G.,
POLICE OFFICER
CPC 1041
CEM CRIME POLICE STATION
SHIVAMOGGA
SHIVAMOGGA - 574 118.
...RESPONDENTS
(BY SRI. ASMA KOUSER, ADDL. SPP FOR R1)
-2-
NC: 2024:KHC:24374
CRL.P No. 5888 of 2024
THIS CRL.P IS FILED U/S.482 OF THE CR.P.C PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.51/2023
PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.)
AND C.J.M., SHIVAMOGGA DISTRICT IN CR.NO.96/2022
REGISTERED BY THE SHIVAMOGGA CEN CRIME POLICE
STATION AS AGAINST THE PETITIONERS FOR THE OFFENCE
P/U/S 78(iii) 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.51/2023, 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
28.12.2022, in the evening at 04.15 p.m., respondent No.2 -
Police Officer of CEN Crime Police Station - complainant
NC: 2024:KHC:24374
receives a information that accused Nos.1 and 2 were playing
Osi-matka, at a place opposite to Panchamukhi Provisional
Store, Gopala siddeshwara Circle, Shivamogga Town and also
0collecting money from the public. The police raided at the
spoit at 5.25 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
28.12.2022. Therefore, the FIR being registered under the
amending Act of 2021, which had already been declared to be
NC: 2024:KHC:24374
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 C.C.No.51/2023, 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
CT:SS
