Allowed

Mr Madhu K v. State of Karnataka

Karnataka HC28 Sept 2022CRL.P/9521/2022

Case brief

AI extract

What is this about?

High Court bench allowed a criminal petition filed under Section 482 Cr.P.C., quashing proceedings arising from an FIR alleging offences under Sections 79 and 80 of the Karnataka Police Act. The court held that police investigation into alleged non-cognizable offences was illegal due to lack of magistrate permission under Section 155(2) Cr.P.C., and the charge sheet failed to establish if the 'Fan

What did the court decide?

The proceedings in C.C. No. 20386/2016 and all proceedings therein regarding petitioners are quashed.

Mr Madhu K Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2022)

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1 - CRL.P No. 9521 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9521 OF 2022

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BETWEEN:

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MR MADHU K S/O KONDANDARAM AGED ABOUT 27 YEARS R/A NO. 301, C BLOCK, KPTCL QUARTERS, RAJAJINAGAR, BENGALURU- 560 010.

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MR MOHAN KUMAR S/O PRAKASH AGED ABOUT 32 YEARS R/AT 83, 11TH CROSS, GNANAGANGA NAGAR, ULLAL ROAD, BENGALURU - 560 053.

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ARAVIND

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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S/O HARI K AGED ABOUT 32 YEARS R/AT 379, 8TH MAIN ROAD 4TH CROSS, VIVEKANAGARA, BENGALURU - 560 047.

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MANJUNATH S/O RAJU AGED ABOUT 38 YEARS R/AT 3201, PRAMABUR ROAD JAIN B POST ULLALU,BENGALURU - 560 056.

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CRL.P No. 9521 of 2022

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SUNIL

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S/O GOUTAM AGED ABOUT 44 YEARS

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R/AT NO 29, BAIPPAGARDEN, SHIVAJINAGAR, BENGALURU-560 051.

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BHASKAR

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S/O ADAPPASHETTADI, AGED ABOUT 46 YEARS

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R/AT NO.53, 6TH CROS, KENCHANAHALLI,

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BENGALURU-560 098.

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RAMU

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S/O GUNDAPPA AGED ABOUT 42 YEARS R/AT NO. NS LINE, LALBAGH, UPPARAHALLI, BENGALURU -560 004.

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MANJUNATH

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S/O RAMAIAH AGED ABOUT 36 YEARS

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R/AT NO.402, 4TH CROSS, K G NAGAR,

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BENGALURU -560 019.

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RAJANNA

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S/O DASANNA AGED 63 YEARS

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R/O NO. 75, 8TH CROSS, KAMAKSHIPALYA, NEAR AMBAMMA TEMPLE

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BENGALURU- 560 079.

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V LAKSHMAN T VENKATESH

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CRL.P No. 9521 of 2022

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AGED ABOUT 53 YEARS

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R/O NO 29, DVJ ROAD, BASAVANAGUDI

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BENGALURU - 560 004.

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VINAYKUMAR

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S/O VENKATESH AGED ABOUT 30 YEARS

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R/O NO 48,HOSAGERAHALLI, 3RD CROSS,

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BENGALURU- 560 085.

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12. BABU

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S/O NIRMALA AGED ABOUT 49 YEARS R/O NO. 21 11TH CROSS, WILSON GARDEN, BENGALURU- 560 027.

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13. RAJU

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S/O KRISHNAPPA AGED ABOUT 45 YEARS R/O NO.26, DASARAHALLI MAIN ROAD, DASARAHALLI, BENGALURU- 560 090.

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BASAPATHI

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S/O CHENNAPPA, AGED ABOUT 47 YEARS R/O NO. 17B, IDEAL NEST, 4TH CROSS, 4TH FLOOR, BHOOPASANDRA, BENGALURU - 560 094.

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SUNIL

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S/O MOHAN AGED ABOUT 44 YEARS R/O NO 186, 6TH CROSS, 6TH MAIN, THAGARAJANAGAR,

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CRL.P No. 9521 of 2022

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BENGALURU - 560 028.

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MANJESH S/O LATE SAMAPANGI AGED ABOUT 48 YEARS R/O NO - 7, SN LINE, LALBAGH UPPARAHALLI BENGALURU 560 004.

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ARUN

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S/O NARAYAN AGED ABOUT 40 years R/O NO. 10A, 11TH CROSS, 22ND MAIN PADAMANABHANAGAR, BENGALURU- 560 070.

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BABU

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S/O MUNISWAMI AGED ABOUT 47 YEARS R/O NO. 49, 2ND MAIN 11TH CROSS,PAI LAYOUT HULIMAVU, BENGALURU-560 076.

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NAGESH

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SO KRISHNA AGED ABOUT 45 YEARS NO 14/1 RANGAPPA STREET, MAVALLI BENGALURU 560 004.

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20. RAMEGOWDA

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S/O BABEGOWDA AGED ABOUT 50 YEARS R/O KALLALLI MANDYA TALUK MANDYA DISTRICT- 571 401.

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MUNIRAJU

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S/O KRISHNAPPA AGED ABOUT 53 YEARS R/O NO 956, 6TH CROS, 4^TH MAIN

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CRL.P No. 9521 of 2022

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BASAVESHWARANAGAR, BENGALURU - 560 079

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22. PUTTARAJU

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S/O SANNAIAH AGED ABOUT 57 YEARS R/O NO.733, 2ND CROSS, 1ST MAIN, KAMALANAGAR, BENGALURU - 560 079.

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SRINIVAS SHETTY

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S/O DASAPPA SHETTY AGED ABOUT 54 YEARS R/O NO .946, 6TH CROSS 4THMAIN, BASAVESHWARANAGAR BENGALURU - 560 079.

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SUNIL

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S/O RAJEGOWDA AGED ABOUT 23 YEARS R/O 30/1, CHAMARAJ PET, 3RD MAIN, BENGALURU - 560 018.

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HARISH

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S/O EERAPPA, AGED ABOUT 41YEARS R/O NANJAPURA, JIGANI HOBLI ANEKAL TALUK, BENGALURU RURAL-560 099.

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VENKATESH

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S/O VIJAYAKUMAR AGED ABOUT 42 YEARS R/O NO.20, ABBAYHYASETTI LAYOUT BG PALYA, BENGALURU - 560 068

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H J PRASHANTH S/O NAGAPPA

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CRL.P No. 9521 of 2022

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AGED ABOUT 28 YEARS R/O NO 213 3RD CROSS, BELLARY- 583 101.

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28. NARAYANASWAMY

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S/O MUDLAPPA

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AGED ABOUT 41 YEARS R/O NO. 710, 3RD MAIN, 3RD CROSS, KAMALANAGAR BENGALURU - 560 079.

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29. RASHID

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S/O MHABUBI PASHA AGED ABOUT 36 YEARS

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R/O NO 17, KALYAMMA STREET, HALASURU,BENGALURU -577 144.

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30. KAREGOWDA

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S/O GOVINDAIAH, AGED ABOUT 41 YEARS

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R/A NO 27/1, NELAGADAHALLI, NAGASANDRA POST,

BENGALURU- 560 073.

31. MUNIRAJU

S/O KENCHAPPA

AGED ABOUT 45 YEARS

NO 120,4TH CROSS ,FF LAYOUT, LAGGERE, NANDINILAYOUT BENGALURU - 560 058.

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32. SHARATH

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S/O GANGARAJU

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AGED ABOUT 29 YEARS R/O NO 16, 3RD CROSS, NELGADAHALLI, NAGASANDRA POST, BENGALUR U- 560 073.

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RAKESH

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S/O DEVARAJU

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CRL.P No. 9521 of 2022

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AGED ABOUT 28 YEARS R/O NO 33,17TH CROSS, NELAGADAHALLI,NAGASANDRA POST BENGALURU - 560 073.

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34. NAGESH

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S/O RAGHUNATH AGED ABOUT 29 YEARS R/O NO 179, 15TH CROSS, SHIVAPURA, PEENYA INDUSTRIAL, BENGALURU - 560 058.

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35. MANJU

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S/O MAHADEVAPPA AGED ABOUT 34 YEARS R/O NO.274, SIDDARTHA LAYOUT, 9TH CROSS,MYSURU DISTRICT- 570 001.

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VIJAYAKUMAR

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S/O SHIVALINGAIAH AGED ABOUT 34 YEARS R/O NO. 284, 2ND MAIN 2ND CROSS, GANGANADI ROAD HANUMANTHANAGAR.

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BENGALURU - 560 019

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37. LOGABAHADDUR

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S/O KESHAB AGED ABOUT 29 YEARS PERMANENT R/O MAHENDRA NAGARKANJANAPURA, NEPAL,PRESENTLY RESIDING AT GOOGLE PG, SHANTHINAGAR, BENGALURU- 560 028.

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38. MAHESH KARKI

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S/O HANESH KARKI AGED ABOUT 29 YEARS PERMANENT R/O MAHENDRA NAGARKANJANAPURA,

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CRL.P No. 9521 of 2022

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NEPAL, PRESENTLY RESIDING AT GOOGLE PG SHANTHINAGAR, BENGALURU- 560 028.

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CHANDRASHEKAR S/O VISHANATHA GANGANAGOUD AGED ABOUT 44 YEARS

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R/O HUDUKO, BIJAPURA DISTRICT- 586 101.

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…PETITIONERS

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(BY SRI. BHARATH KUMAR V.,ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER SAMPANGIRAMANAGARA POLICE STATION

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REPRESENTED BY:

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STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BANGALORE - 560 001

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INSPECTOR OF POLICE S J PARK POLICE STATION BANGALORE - 560 027.

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…RESPONDENTS

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(BY SRI.K.S. ABHIJHITH., HCGP)

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THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. QUASH THE FIR BEARING NO.108/2020 ALONG WITH THE INFORMATION DATED 29.11.2020 REGISTERED WITH THE RESPONDENT NO.1 POLICE STATION WHEREIN THE PETITIONER HEREIN ARE ARRAIGNED AS ACCUSED FOR THE ALLEGED OFFENCE P/U/S.79 AND 80 OF THE KARNATAKA POLICE ACT, (ANNEXED VIDE ANNEXURE A AND A1). B. QUASH THE CHARGE SHEET MATTER BEARING FIR NO.108/2020 NOW

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CRL.P No. 9521 of 2022

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CURRENTLY RE NUMBERED AS C.C.NO.11396/2021 PENDING ON THE FILE OF THE HONBLE METROPOLITAN MAGISTRATE (TRAFFIC COURT I) MAYO HALL, BENGALURU WHEREIN THE PETITIONER HEREIN ARE ARRAIGNED AS ACCUSED NO.1 TO 39 FOR THE ALLEGED OFFENCE P/U/S.79 AND 80 OF THE KARNATAKA POLICE ACT (ANNEXURE-B).

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

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ORDER

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The learned Counsel for the petitioners would submit that the issue in the lis stands covered by the judgments rendered by the Co-ordinate benches of this Court, two of which are produced as annexures to this petition. A Co-ordinate bench of this Court in Crl.P. No.8396/2017 has held as follows:

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"The petitioners have called in question the proceedings pending before the MMTC, Bengaluru, in C.C. No.20386/2016 for the offences punishable under Sections 79 & 80 of the Karnataka Police Act.

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10 -

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CRL.P No. 9521 of 2022

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A strong legal point raised by the learned counsel for the petitioner is that, the entire proceedings is hit by Section 155(2) of Cr.PC., as the Respondent- Police have not taken any permission from the Magistrate to investigate the matter and to file a report under Section 173 Cr.P.C. before the Court. He contended that, even the entire charge sheet is translated into evidence, there is no material to show that the Game played by the accused ie., 'Fantastic Three Dice Bowling' is a game of chance or it is a game of skill, that fact is not mentioned in the complaint nor it has been explained as to how the game being played by the accused and it is only a game of chance.

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Learned counsel for the petitioner has relied upon a decision of this court reported in Criminal Petition No.3082/2007 dated 22.10.2008, wherein this court has reiterated that, the investigation done by the police is with regard to non-cognizable offences without taking permission from the jurisdictional Magistrate as contemplated under Section 155(2) of Cr.PC., hence, the

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CRL.P No. 9521 of 2022

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entire proceedings are vitiated. Even if the court has gone to the extent of saying that, mere permission by the Magistrate without application of judicious mind with regard to the facts and without recording his satisfaction with regard to the ground to believe that non-cognizable offence is committed, even such blanket permission is also invalid in the eye of law. In this particular case, the entire charge sheet/FIR does not disclose that the police have taken any permission from the learned Magistrate to investigate the case and to file a report. As rightly contended by the learned counsel, though it is stated in the charge sheet that the people in Puradamma Recreation Association, Dynamic- 3, No.11 & 12, Moto Rayal Arcade, Brigade Road, Bengaluru, were playing a game with 'Fentastic-3 with the help of a dice which has been pasted with stickers of various brands viz., Addidas, Nike, Reebok, Joker, Fila, Puma Stickers, but nowhere it is stated as to how the game was played and whether it required any skill or it is a pure game of chance. In the absence of such elucidation of facts in the entire charge sheet, even if the entire charge sheet is

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12 -

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CRL.P No. 9521 of 2022

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translated into evidence, it will not give any indication whether the game alleged to have been played is a pure game of chance or skill. Therefore, in the absence of such materials and in view of the above illegality during the course of investigation, in my opinion, the proceedings are not sustainable either in law or on facts. Hence, the proceedings are liable to be quashed. Accordingly, I pass the following.

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ORDER

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The petition is allowed. The proceedings in C.C. No. 20386/2016 (arising out of Crime No.35/2016 on the file of Cubbon Park Layout Police Station, Bengaluru) registered against the petitioners for the offences punishable under Sections 79 & 80 of K.P. Act, and now pending on the file of Metropolitan magistrate (Traffic Court-I), Bengaluru, and all proceedings therein, in sofar as the petitioners herein concerned, are hereby quashed."

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CRL.P No. 9521 of 2022

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In the light of the issue having been covered by the judgments rendered by the Co-ordinate benches of this Court with regard to the game involved in the lis i.e., andar bahar, the petition stands disposed of in terms thereof.

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Sd/JUDGE

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NV List No.: 1 Sl No.: 55

Mr Madhu K v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Madhu K v. State of Karnataka

Case brief

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What did the court decide?

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