Karnataka High Court
Mallesh @ Petrol Mallu vs The State Of Karnataka on 14 October, 2025
-1-
NC: 2025:KHC-K:6026
CRL.P No. 201520 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.201520 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MALLESH @ PETROL MALLU
S/O TIMMANNA,
AGE: 39 YEARS, OCC: MECHANIC,
R/O BRUVANDA VANA COLONY, DEVADURGA,
TQ. DEVADURGA, DIST. RAICHUR-584111.
2. SUMANGALA W/O MALLESH,
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O BRUVANDA VANA COLONY, DEVADURGA,
TQ. DEVADURGA, DIST. RAICHUR-584111.
Digitally signed ...PETITIONERS
by RENUKA
Location: HIGH
COURT OF (BY SRI MAHANTESH PATIL, ADVOCATE)
KARNATAKA
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY ADDL. S.P.P.,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH,
(THROUGH DEVADURGA P.S.,
DIST.RAICHUR-584111).
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
-2-
NC: 2025:KHC-K:6026
CRL.P No. 201520 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW),
PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED
26.03.2025 AND ENTIRE CRIMINAL PROCEEDINGS IN
C.C.NO.69/2025 REGISTERED BY RESPONDENT POLICE/
DEVADURGA POLICE STATION FOR THE OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT, PENDING
ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC
DEVADURGA, DISTRICT RAICHUR, INSOFAR AS PETITIONERS
ARE CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
This petition is filed seeking quashing of the
proceedings pending in C.C.No.69/2025 for the offence
punishable under Section 78(3) of the Karnataka Police
Act, pending before the Civil Judge and JMFC, Devadurga.
2. The case of the prosecution is that, upon
receipt of credible information on 17.12.2024 at about
7:00 p.m., it was found that accused No.1 was indulging in
playing Matka Chit at a public place. Acting upon the said
information, the concerned police officials conducted a raid
NC: 2025:KHC-K:6026
HC-KAR
at the spot and recovered a sum of Rs.2,300/-, one Matka
chit, one ball pen, and one mobile phone from accused
Nos.1 to 5.
3. It is further alleged by the prosecution that
accused Nos.2 to 5 were engaged in selling Matka chits
through WhatsApp to accused No.1. Pursuant to the said
information, the police undertook investigation, conducted
a spot mahazar, and thereafter registered a case in Crime
No.391/2024 on 18.12.2024.
4. Learned counsel for the petitioners, reiterating
the grounds urged in the petition, would submit that the
offence alleged under Section 78(3) of the Karnataka
Police Act is admittedly a non-cognizable offence.
Therefore, registration and investigation of the case,
without obtaining prior permission of the Magistrate, are in
clear contravention of sub-section (2) of Section 174 of
the Bharatiya Nagarik Suraksha Sanhita, 2023. Reliance is
placed on a judgment of the Co-ordinate Bench of this
NC: 2025:KHC-K:6026
HC-KAR
Court in an identical matter, wherein proceedings initiated
in violation of the said provision were quashed. It is thus
contended that the present proceedings also deserve to be
quashed on the same ground.
5. Per contra, the learned High Court Government
Pleader submitted that the investigation has been
conducted in accordance with law, that due procedure has
been followed, and hence, no interference is warranted by
this Court.
6. On perusal of the records, it is evident that the
Investigating Officer has proceeded to investigate the
matter without adhering to the mandate of sub-section (2)
of Section 174 of the Bharatiya Nagarik Suraksha Sanhita,
2023, which categorically provides that no police officer
shall investigate a non-cognizable case without an order of
a Magistrate having jurisdiction to try such case. In the
instant case, the investigation was undertaken in the
absence of such order, thereby rendering the entire
NC: 2025:KHC-K:6026
HC-KAR
procedure illegal and vitiated. The infraction of the
statutory mandate goes to the root of the matter and
invalidates the subsequent proceedings.
7. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The Criminal Petition is hereby allowed.
(ii) The order of cognizance dated 26.03.2025 and
the entire criminal proceedings in
C.C.No.69/2025, arising out of Crime
No.391/2024 registered by Devadurga Police
Station for the offence punishable under
Section 78(3) of the Karnataka Police Act,
pending before the Civil Judge and JMFC,
Devadurga, District Raichur, insofar as the
petitioners are concerned, are hereby quashed.
NC: 2025:KHC-K:6026
HC-KAR
(iii) All pending interlocutory applications, if any,
stand disposed of.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
CT:SI
