Karnataka High Court
Maiboob @ Gabbar And Anr vs The State Of Karnataka on 16 June, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:3061
CRL.P No. 201584 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.201584 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MAIBOOB @ GABBAR S/O ABDUL SHUKUR,
AGE:43 YEARS, OCC: COOLIE,
R/O HUTTI TOWN, TQ. LINGASUGUR,
DIST. RAICHUR-584115.
2. SHANKARGOUDA
S/O MAKALENDRAGOUDA,
AGE: 61 YEARS, OCC: BUSINESS,
R/O HUTTI TOWN, TQ. LINGASUGUR,
DIST. RAICHUR-584115.
Digitally signed ...PETITIONERS
by RENUKA
Location: HIGH
COURT OF (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
KARNATAKA
AND:
THE STATE OF KARNATAKA THROUGH,
HUTTI POLICE STATION,
DIST. RAICHUR-584115.
R/BY ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SMT. ARATI PATIL, HCGP)
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CRL.P No. 201584 of 2024
HC-KAR
THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS,
2023, PRAYING TO QUASH THE ORDER OF TAKING
COGNIZANCE AND ISSUE OF PROCESS DATED 06-12-2023
PASSED IN C.C. NO.933/2023 (HUTTI PS CRIME NO.214/2023
DISTRICT RAICHUR) FOR THE OFFENCE PUNISHABLE U/SEC.
78 (III) OF KARNATAKA POLICE ACT PENDING, ON THE FILE OF
ADDL. CIVIL JUDGE AND JMFC, LINGASUGUR, DISTRICT
RAICHUR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Sri Shivanand V. Pattanashetti, learned
counsel for the petitioners and Smt. Arati Patil, learned
High Court Government Pleader for the respondent/State.
2. This petition is filed under Section 482 of
Cr.P.C. with the following prayer:
"WHEREFORE, for the reasons stated above
amongst others, it is humbly prayed that the
Hon'ble Court be pleased to quash the order of
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taking cognizance and issue of process dated:
06.12.2023 passed in C.C No.933/2023 (Hutti PS
Crime No.214/2023 District Raichur) for the
offences punishable U/Secs.78(III) of Karnataka
Police Act pending on the file of Addl. Civil Judge
and JMFC Lingasugur, District Raichur, in the
interest of justice."
3. The Police Inspector of Hutti Police Station,
Hutti Camp, Raichur lodged a report stating that on
07.11.2023, at about 05-30 p.m., when he was in the
police station, he received a credible information that near
Hutti Bus Stand, in front of public place, some people have
indulged in writing the number with regard to playing of
Matka.
4. Accordingly, he formed the raid team,
comprising of himself, two panchas and sub-staff and
raided those people and they are able to recover cash
from them. Therefore, they have committed the offence
under Section 78 of the Karnataka Police Act.
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5. It is noticed that without obtaining necessary
permission from the jurisdictional Magistrate, a case came
to be registered by the Hutti Police in Crime No.214/2023.
6. The learned Trial Magistrate without even
noticing that there was no proper permission that has
been obtained before investigating the matter, took
cognizance of the offence by order dated 06.12.2023. The
same is called in question in this petition.
7. Sri Shivanand V. Pattanashetti, learned counsel
for the petitioners would contend that admittedly offence
under Section 78(3) of the KP Act is a non-cognizable
offence and therefore taking cognizance has resulted in
miscarriage of justice and sought for allowing the petition.
8. Per contra, Smt. Arati Patil, learned High Court
Government Pleader for the respondent/State tried to
justify the same.
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9. It is settled principles of law and requires no
emphasis that in respect of a non-cognizable offence, the
Trial Magistrate ought not to have taken cognizance in the
absence of any prior permission to investigate the matter
by the jurisdictional police.
10. View of this Court in this regard is supported by
the judgment rendered by the Co-ordinate Bench of this
Court in the case of Vaggeppa Gurulinga Jangaligi Vs.
The State of Karnataka, Through PSI, Kagwad Police
Station, Kagwad reported in ILR 2020 KAR 630.
11. Accordingly, order taking cognizance has
resulted in miscarriage of justice and therefore needs to
be set aside. Hence, the following:
ORDER
(i) The petition is allowed.
(ii) The order of taking cognizance and issue of
process dated 06.12.2023, passed in
C.C.No.933/2023 (Hutti PS Crime No.214/2023
District Raichur), for the offence punishable
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under Section 78(3) of the Karnataka Police
Act, pending on the file of the Additional Civil
Judge and JMFC, Lingasugur is hereby set
aside. Consequently, pending proceedings are
quashed.
(iii) However, head of the raid party is at liberty to
obtain necessary permission from the
jurisdictional Magistrate in accordance with law
and thereafter, if permitted, necessary
investigation shall be conducted by the
investigation officer.
In view of disposal of main petition, pending
application, if any, does not survive for consideration.
Sd/-
(V SRISHANANDA)
JUDGE
RSP
CT:PK
