Criminal Petition filed to quash cognizance under Section 87 of Karnataka Police Act, 1963 and charge sheet for private gambling. Court held private land use excluded offense and procedural defect under Cr.P.C. quashed proceedings.
Criminal Petition allowed; proceedings in C.C.No.971/2018 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.1656 OF 2019
BETWEEN :
...PETITIONERS
(BY SRI.R SHASHIDHARA, ADVOCATE)
AND :
THE STATE OF KARNATAKA, BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA – 577 501.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
...RESPONDENT
(BY SRI.ROHITH B J, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COGNIZANCE
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TAKEN BY THE 1ST ADDITIONAL CIVIL JUDGE AND JMFC AT CHITRADURGA IN C.C.NO.971/2018 DATED 08.08.2018 AND ALSO FILING OF CHARGE SHEET BY THE RESPONDENT POLICE IN CRIME NO.137/2018 AND C.C.NO.971/2018 FOR THE OFFENCE P/U/S 87 OF KARNATAKA POLICE ACT, 1963.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The police after investigation filed charge sheet for the offences punishable under Section 87 of the Karnataka Police Act, 1963 (for short “KP Act” here afterwards) alleging that petitioners were found playing gambling in the agricultural land of one Prahallad. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons to the petitioners. Taking exception to the same, accused Nos. 3 and 5 are before this Court.
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2. Learned counsel appearing for the
petitioners submits that the endorsement made on the requisition “permitted” is not an order as specified under section 155(2) of Cr.P.C. Hence in the absence of permission granted by the learned Magistrate as specified under Section 155(2) of the Cr.P.C., the registration of the FIR culminating in filing of the charge sheet is one without authority of law. He further submitted that to constitute the commission of the alleged offence punishable under Section 87 of the KP Act, the persons must have been found to be gaming in any public street, or thoroughfare, or in any place to which the public have or permitted to have access or in any race-course. Therefore, he submits that the allegation made against the petitioners – accused that they were found gambling in the private land does not constitute the offence punishable under section 87 of the KP Act.
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appearing for the respondent - State submits that the petitioners having been found to be gambling have committed the aforesaid offence and the charge sheet filed against them cannot be faulted.
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charge sheet material does not disclose that the petitioners were found playing Andar Bahar as a “game of chance” and not “a game of skill”. Hence the charge sheet filed for the offence punishable under Section 87 of the KP Act is without any substance.
ORDER
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ii) The impugned proceedings in C.C.NO.
971/2018 pending on the file of I Additional Civil Judge and JMFC, Chitradurga, is hereby quashed.
Sd/JUDGE
Bsv
3 issues framed by the court
Whether private gambling constitutes an offence punishable under Section 87 of the Karnataka Police Act, 1963.
Whether the endorsement 'permitted' on the requisition without an order satisfying Section 155(2) of Cr.P.C. renders the proceeding without authority of law.
Whether the charge sheet lacks substance as it fails to specify that the game played was one of chance.
3 provisions across 2 enactments
LOKESH S/O SHIVAMURTHY
SHIVAKUMAR S/O SHANKARAPPA
STATE OF KARNATAKA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
