Karnataka High Court
Shri. Sakhavath Khan Najeerahmadkhan ... vs The State Of Karnataka on 3 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11303
CRL.P No. 101770 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101770 OF 2025
(482(Cr.PC)/528(BNSS)
BETWEEN:
SHRI. SAKHAVATH KHAN NAJEERAHMADKHAN ALNAVAR
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O.NEAR KHASIM ALI SHA DARGAH
(SHUKRAVARPETE) JUMMA BAZAR SAVANUR,
TQ: SAVANUR, DIST. HAVERI-581118.
...PETITIONER
(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH PSI CEN HAVERI,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
Digitally DHARWAD-580001.
signed by
RAKESH S
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF 2. SHRI MALLESHAPPA S/O FAKIRAPPA
KARNATAKA
DHARWAD
BENCH
DURGAPPANNAVAR
AGE: 59 YEARS, OCC: PSI CEN HAVERI,
R/O. CEN CRIME POLICE STATION,
HAVERI- 581110.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD,
BENCH DHARWAD.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R-1;
NOTICE TO R-2 SERVED)
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NC: 2025:KHC-D:11303
CRL.P No. 101770 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), SEEKING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED
SO FAR AS THE PETITIONER ACCUSED IS CONCERNED IN C.C. NO.
3089/2024 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL
JUDGE AND JMFC., HAVERI FOR THE OFFENCES PUNISHABLE UNDER
SECTION 78(I) (VI) OF KARNATAKA POLICE ACT, 1963 ARISING OUT
OF CRIME NO. 53/2024 OF HAVERI CEN CRIME PS AND ALLOW THE
ABOVE CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
This petition is filed under Section 482 of Cr.PC, with a
prayer to quash the entire proceedings in C.C.No.3089/2024
pending before the Court of Prl. Civil Judge & JMFC, Haveri,
arising out of Crime No.53/2024 registered by Haveri CEN Crime
Police Station, Haveri District, for the offence punishable under
Section 78(1)(a)(vi) of Karnataka Police Act, 1963.
2. Heard the learned Counsel for the parties.
3. Perusal of the material on record would go to show
that FIR has been registered against the accused in the present
case alleging that he was indulged in cricket betting when the
match was going on. The co-ordinate Bench of this court in
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HC-KAR
Criminal Petition No.2929/2021 in paragraph No.12 has observed
as follows:
"12. One of the petitioners is bookie said to have
involved in betting. Sri Hashmath Pasha has relied upon a
judgment of the Supreme Court in Board of Control for Cricket
vs Cricket Association of Bihar and others (2016 (8) SCC 535)
where it is observed that betting is to be legalized. It was
argued by the respondent that betting amounts to gaming
which is an offence under the Karnataka Police Act. If Section
2(7) of the Karnataka Police Act is seen, its explanation very
clearly says that game of chance does not include any athletic
game or sport. Cricket is a sport and therefore even if betting
takes place, it cannot be brought within the ambit of definition
of `gaming' found in Karnataka Police Act."
4. In the light of the order passed by the co-ordinate
Bench which is referred to hereinabove, the proceedings initiated
against the petitioner for the aforesaid offence cannot be
sustained.
5. The material on record would go to show that on the
basis of the report dated 21.06.2024 submitted by the first
informant who is the Police Officer attached to CEN Crime Police
Station, Haveri, FIR in Crime No.53/2024 was registered against
unknown persons for the aforesaid offence. Prior to the
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HC-KAR
registration of FIR, a requisition was submitted before the
jurisdictional Magistrate and on the basis of the said requisition,
the learned Magistrate having found that the alleged information
would form an offence under Section 78 of the Act, which is a
non-cognizable offence, has proceeded under Section 155(2) of
Cr.PC granting permission to register the FIR and investigate the
same. FIR has been registered for the offence punishable
under Section 78(3) of the Act. Investigation in the case is
completed and charge sheet has been filed.
6. The order passed under Section 155(2) of Cr.PC is
not part of the order sheet maintained by the Trial Court in the
present case. The coordinate bench of this Court in the case of
VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF
KARNATAKA - ILR 2020 KAR 630, has observed that the order
passed under Section 155(2) of Cr.PC shall form part of the
order sheet in which further proceedings is required to be
continued by the Trial Court. In the said case, it is also observed
that the learned Magistrate while passing the order
under Section 155(2) of Cr.PC shall specify the rank and
designation of the police officer who is required to investigate the
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case. In the present case, the order passed under Section
155(2) of Cr.PC does not indicate or specify the police officer
who is required to investigate the case.
7. Under the circumstances, I am of the opinion that if
the impugned criminal proceedings is allowed to continue, the
same would amount to abuse of process of the court.
Accordingly, the following order:
8. Petition is allowed. The entire proceedings in
C.C.No.3089/2024 pending before the Court of Prl. Civil Judge &
JMFC, Haveri, arising out of Crime No.53/2024 registered by
Haveri CEN Crime Police Station, Haveri District, for the offence
punishable under Section 78(1)(a)(vi) of Karnataka Police Act,
1963, is quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KK
CT:GSM
