High Court quashed criminal proceedings under Section 482 Cr.P.C. as registering FIR without Magistrate permission was an abuse of process of law. Seized cash forfeited; phones to be returned later.
Criminal proceedings quashed; cash forfeited to Government; mobile phones to be returned after appeal period.
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NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2285 OF 2023
BETWEEN:
SRI. JAFFAR SADIQ, S/O ALLABAKSH, AGED ABOUT 28 YEARS, R/AT SONNASHETTYHALLI WARD, NO.14, CHINTHAMANI TOWN, CHIKKABALLAPURA - 563 125.
…PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE)
AND:
STATE OF KARNATAKA, BY CHINTHAMANI TOWN P.S., CHIKKABALLAPURA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
Digitally signed by C SOWMYA Location: High Court of Karnataka
…RESPONDENT (BY SMT. K. P. YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1230/2021 ARISED OUT OF CR.NO.128/2020 INITIATED BY THE RESPONDENT POLICE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHINTAMANI, CHIKKABALLAPURA AS AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 78(3) OF KARNATAKA POLICE ACT AND SEC.420 OF IPC VIDE ANNEXURE-D.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
ORDER
Learned High Court Government Pleader is directed to take notice for the respondent/State.
persons were betting or gambling in respect of the IPL Cricket Match between Kings XI Panjab Vs. Mubai Indians, immediately, the Police Officer along with panchas visited the place and observed that 4 to 5 persons were assembled. They apprehended two accused persons. They seized cash for a sum of Rs.14,180/- and three mobile phones and registered FIR against them in Crime No.128/2020. Subsequently, the police filed a charge sheet against the petitioner which is under challenge.
NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
then, there is no evidence to show that the petitioner has cheated any member of the public. Hence, he prays for quashing of the entire criminal proceedings against the petitioner.
It revealed that admittedly the Police Officer, received a credible information that some persons are gambling or doing cricket betting and receiving money from the public in respect of IPL Cricket Match between Kings XI Panjab and Mumbai Indians. Immediately, the Police Officer along with panchas visited the place and observed 4 to 5
NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
persons had been assembled. They apprehended accused Nos.1 and 2. They seized cash for a sum of Rs.14,180/and three mobile phones and registered FIR against them. Without obtaining permission from the Jurisdictional Magistrate, the Police Officer registered the FIR simply adding Section 66 of IT Act in order to avoid taking permission from the Jurisdictional Magistrate under Section 155(2) of Cr.P.C, and cleverly deleted the said Section under IT Act and added Section 420 of IPC.
NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
Section 155(2) of Cr.P.C,. The Police Officer is directly registered a case against the provisions under Section 155 (2) of the Cr.P.C. Therefore, the entire proceedings against this petitioner is nothing but abuse of process of law. This Court below has already taken the same view in respect of accused No.2 who was approached this Court in Crl.P.627/2021 and has quashed the criminal proceedings on 05.01.2022. Therefore, I am of the view that this petitioner is also entitled for the same relief. Accordingly, I pass the following:
ORDER
(i) The criminal petition is allowed .
(ii) The criminal proceedings against the
petitioner/accused No.1 in C.C.No.1230/2021 arising out of Crime No.128/2020 registered by
Chinthamani Town Police Station, Chikkaballapura District pending on the file of
the Principal Civil Judge (Sr.Dn.) & JMFC, Chinthamani for the offence punishable under
NC: 2023:KHC:28131 CRL.P No. 2285 of 2023
Section 78(3) of the KP Act, 1963 and Section 420 of IPC are hereby quashed.
The amount is seized by the Police is hereby forfeited to the Government.
The mobile phones seized, if any, is ordered to be returned to the accused after the appeal period.
Sd/JUDGE
SMC List No.: 1 Sl No.: 29
1 issue framed by the court
Whether criminal proceedings应予 dasquash as registration of FIR was an abuse of process of law to avoid obtaining magistrate permission under Section 155(2) Cr.P.C.
5 provisions across 4 enactments
Sri. Jaffar Sadiq
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
