Allowed

Raghu S/O Ramachandrappa v. the State of Karnataka

Karnataka HC23 Sept 2022CRL.P/102047/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition filed under Section 482 of Cr.P.C. to quash proceedings in a CC. The court held that the offence was non-cognizable and the investigation officer failed to obtain mandatory magistrate permission under Section 155, citing Vaggeppa's case.

What did the court decide?

The proceedings in C.C.No.987/2018 as against petitioner-accused No.2 are quashed.

Raghu S/O Ramachandrappa Vs the State of… — Civil Procedure and Limitation | Karnataka HC (2022)

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CRL.P No. 102047 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102047 OF 2022 (482-)

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BETWEEN:

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RAGHU S/O RAMACHANDRAPPA AGE: 46 YEARS, OCC: AGRICULTURE, R/O: TEKKALAKOTA TOWN, DISTRICT: BALLARI-583101.

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…PETITIONER

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(BY SRI. SRINIVAS B NAIK, ADVOCATE) AND:

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THE STATE OF KARNATAKA REP BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SIRUGUPPA POLICE STATION DISTRICT. BALLARI-580011

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 05.12.2018 PASSED IN CC NO.987/2018 ON THE FILE OF CIVIL JUDGE AND JMFC COURT, SIRUGUPPA, DISTRICT BALLARI, (CRIME NO.62/2018) REGISTERED IN SIRGUPPA P.S. FOR THE OFFENCES PUNISHABLE U/S 78(3) OF KARNATAKA POLICE ACT, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED.

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CRL.P No. 102047 of 2022

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, COURT PASSED THE FOLLOWING:

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ORDER

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Petitioner, who is accused No.2 before the trial Court, have filed this petition under Section 482 of Cr.P.C, with a prayer to quash the order dated 05.12.2018, passed by the Civil Judge and J.M.F.C Court, Siruguppa Dist, Ballari, in C.C No.987/2018, taking cognizance for the offence punishable under Section 78(3) of Karnataka Police Act, 1963 ( for short “K.P. Act”), contending that the alleged offence is a non-cognizable and the investigating officer has not obtained the permission of the jurisdictional magistrate as mandated under Section 155 of the Cr.P.C and therefore, the entire proceedings are vitiated.

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Heard the learned counsel representing the petitioner and also the learned High Court Government Pleader for the respondent and perused the records.

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As evident from the records, Crime No.62/2018

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came to be registered against the petitioner for the

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CRL.P No. 102047 of 2022

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offence punishable under Section 78(3) of K.P. Act, based on the complaint filed by PSI (L&O), alleging that on 09.02.2018 at about 7:30 P.M. 18^th Ward, Sadashiva, Siruguppa Town, Ballari, petitioner-accused No. 2 was indulge in playing “Matka” which is a game of chance.

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Based on the said complaint, the jurisdictional police have registered case in Crime No.62/2018, and transmitted the FIR to the Court. After concluding the investigation, charge sheet came to be filed against the petitioner.

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The learned counsel representing the petitioner submits that no permission is taken from the learned Magistrate to proceed with the investigation and as such the entire proceedings are vitiated. Learned counsel for the petitioner has drawn the attention of the Court to the provisions of Section 155 of the Cr.P.C and also the decision of this Court in the matter of Vaggeppa Gurulingappa Jangaligi (Jangalagi) V/s. State of

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CRL.P No. 102047 of 2022

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Karnataka¹ (Vaggeppa’s case) and submits that in the absence of following the mandatory procedure provided under Section 155 of the Cr.P.C, the proceedings are liable to the quashed.

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Learned High Court Government Pleader conceded that there is no material to show that the investigation officer has requested the jurisdictional Magistrate to grant permission and that accordingly the Magistrate has given the permission to proceed with the investigation.

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It is not in dispute that the offence punishable under Section 78(3) of K.P. Act is a non-cognizable offence and therefore, the mandatory procedure as contemplated under the provisions of Section 155 of Cr.P.C and Rule 1 of Chapter 5 of the Karnataka Criminal Rules of Practice, are required to be followed before the investigation officer could proceed with the investigation. In Vaggeppa’s case referred to supra , this Court while referring to the said

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1 ILR 2020 KAR 630

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CRL.P No. 102047 of 2022

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provisions has given guidelines regarding the procedure to be followed by the investigating officer as well as the jurisdictional Magistrate in granting permission to the investigation officer to conduct investigation in a non cognizable offence. Admittedly, this procedure is not followed and therefore, the entire proceedings are vitiated and accordingly the following:

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ORDER

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The petition filed under Section 482 of Cr.P.C, is hereby allowed .

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The proceedings in C.C.No.987/2018, on

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the file of Civil Judge and J.M.F.C. Court, for the offence punishable under Section 78(3) of Karnataka Police Act 1963, as against petitioner-

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accused No.2 is hereby quashed.

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SD/JUDGE

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Raghu S/O Ramachandrappa v. the State of Karnataka

Case brief

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Raghu S/O Ramachandrappa v. the State of Karnataka

Case brief

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