This Criminal Petition under Section 482 Cr.P.C. sought quashing of proceedings in a case involving playing Matka under Section 78(3) of Karnataka Police Act, 1963, due to non-compliance with mandatory magistrate permission for non-cognizable offence investigation.
The proceedings in C.C.No.244/2020 against the petitioner accused No.2 are quashed.
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CRL.P No. 102696 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102696 OF 2022 (482-)
BETWEEN:
SRI. MAHESH S/O. MALLIKARUNAGOUDA, AGE: 42 YEARS, OCC: FARMER, R/O: KARURU VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583101.
…PETITIONER
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
AND:
THE STATE OF KARNATAKA REP BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580001. (THROUGH SIRIGERI P.S)
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.244/2020 CIVIL JUDGE AND JMFC, SIRUGUPPA, BALLARI, (ARISING OUT OF CRIME NO.130/2019 REGISTERED SIRIGERI P.S.) FOR AN OFFENCE PUNISHABLE U/S 78(3) OF KARNATAKA POLICE ACT 1963, BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS PETITIONER/ACCUSED NO.2 IS CONCERNED.
CRL.P No. 102696 of 2022
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, COURT PASSED THE FOLLOWING:
ORDER
Petitioner, who is accused Nos.2 before the trial Court, has filed this petition under Section 482 of Cr.P.C, with a prayer to quash the order dated 17.07.2020, passed by the Learned Civil Judge & JMFC Siruguppa, in C.C No.244/2020, 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.
petitioners and also the learned High Court Government Pleader for the respondent and perused the records.
CRL.P No. 102696 of 2022
Nadavi village near bus stand, at public place accused was indulged in playing “Matka” which is a game of chance.
1 ILR 2020 KAR 630
CRL.P No. 102696 of 2022
CRL.P No. 102696 of 2022
ORDER
The petition filed under Section 482 of Cr.P.C, is hereby allowed.
The proceedings in C.C.NO.244/2020, on the file of Civil Judge and JMFC, Siruguppa, Ballari, for the offence punishable under Section 78(3) of Karnataka Police Act 1963, as against petitioneraccused No.2 is hereby quashed.
Sd/JUDGE
AC
1 issue framed by the court
Whether criminal proceedings for a non-cognizable offence should be quashed where the investigating officer did not obtain magistrate permission under Section 155 Cr.P.C.
Colour shows how this judgement treated each authority
Vaggeppa Gurulingappa Jangaligi V/s. State of KarnatakaReferred¶28
Vaggeppa Gurulingappa Jangaligi (Jangalagi) V/s. State of Karnataka
3 provisions across 2 enactments
Sri. Mahesh S/o. Mallikarunagouda
The State of Karnataka
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
