Karnataka High Court
Rafiq @ Sannu @ Babu vs State Of Karnataka on 29 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:29722
CRL.P No. 5943 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5943 OF 2024
BETWEEN:
RAFIQ @ SANNU @ BABU
S/O HASNA 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 CEN
CRIME POLICE STATION
Digitally signed
by NAGAVENI REPRESENTED BY SPP,
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF BENGALURU - 560 001.
KARNATAKA
2. DEEPAK M. S.,
POLICE INSPECTOR
CEN CRIME POLICE STATION
SHIVAMOGGA, SHIVAMOGGA - 574 118.
...RESPONDENTS
(BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S 482 OF THE CR.P.C. PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.480/2023
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NC: 2024:KHC:29722
CRL.P No. 5943 of 2024
PENDING IN THE COURT OF THE PRL. CIVIL JUDGE (SR.DN.)
AND CJM, SHIMOGA DISTRICT IN CR.NO.68/2023 REGISTERED
BY THE SHIVMOGGA CEN CRIME P.S. AS AGAINST THE
PETITIONER FOR OFFENCE P/U/S 78(III) OF K.P. ACT, 2021, IN
SO FAR AS THIS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners in this petition call in question proceedings in
C.C.No.480/2023, 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 Sri Jagadeesha B.N., 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
05.07.2023, in the afternoon at 01.00 p.m., respondent No.1 -
NC: 2024:KHC:29722
Police Officer of CEN Crime Police Station - complainant
receives a information that two persons by name Mohammed
Gaus and Mohammed Abid were playing Osi-matka, at public
place behind Modern Talkies, Sulthan Market Gujari Shop,
Shivamogga and also collecting money from the public. The
police raided at the spot at 1.30 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
05.07.2023. Therefore, the FIR being registered under the
NC: 2024:KHC:29722
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.480/2023, 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/-
(M.NAGAPRASANNA)
JUDGE
NVJ
CT:SS
