Allowed¶44

Mansur S/O Gujari Husen v. the State of Karnataka

Karnataka HC4 Sept 2025CRL.P/103371/2025

Case brief

AI extract

What is this about?

Quashing; Section 155(2) Cr.P.C. permission order must appear in case order sheet; non-cognizable offence; Mataka/gambling; Section 78 Karnataka Police Act 1963; C.C. No.2321/2022 Siruguppa; Crime No.85 of 2021; Vaggeppa Gurulinga Jangaligi ILR 2020 KAR 630; Karnataka High Court Dharwad Bench; 2025.

What did the court decide?

Entire proceedings in C.C. No.2321/2022 pending on the file of the Civil Judge and JMFC, Siruguppa stand quashed. ¶44

Mansur S/O Gujari Husen Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:11354 CRL.P No. 103371 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 103371 OF 2025

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(482(Cr.PC)/528(BNSS)

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BETWEEN:

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MANSUR S/O GUJARI HUSEN AGE: 39 YEARS, OCC: LABORER, R/O SIRUGUPPA TOWN, BALLARI-583101.

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…PETITIONER

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(BY SRI C.S.SWAMY AND B.C.JNANAYYASWAMY, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SPP, HIGH COURT OF KARNATAKA BENCH DHARWAD-580001. (THROUGH SIRUGUPPA P.S)

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Digitally signed by RAKESH S RAKESH HARIHAR SHARIHAR Location:HIGH COURTOF KARNATAKA DHARWAD BENCH

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…RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2321/2022 CIVIL JUDGE AND JMFC SIRUGUPPA (ARISING OUT OF CRIME NO. 59/2022 REGISTERED SIRIGERE 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 IS CONCERNED.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:11354 CRL.P No. 103371 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

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The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.2321/2022 pending before the Civil Judge and JMFC, Siruguppa arising out of Crime No.85 of 2021 registered for the offence punishable under Section 78 of the Karnataka Police Act, 1963.

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Learned Counsel for the petitioner submits that the investigation of the case in the present case is commenced even prior to the Investigation Officer obtaining a permission as required under Section 155(2) of Cr.P.C. Therefore, the entire proceeding gets vitiated.

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Learned HCGP who has opposed the prayer, however, does not dispute the submission made by the learned counsel for the petitioner.

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3 - NC: 2025:KHC-D:11354 CRL.P No. 103371 of 2025

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HC-KAR

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A perusal of the material on record would go show that on 18.04.2022 at about 2.45 p.m., when the first informant was on patrolling duty, he received credible information that a person was conducting the illegal business of Mataka and on receipt of such information, he had proceeded to the said spot and apprehended the petitioner and from his possession, the articles used for conducting the game of Mataka was recovered and seized under a panchanama.

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Learned Magistrate on 27.05.2022 passed an order under Section 155(2) of the Cr.P.C. granting permission to the Investigation Officer to investigate the case for non-cognizable offence and to file the charge sheet before the Court. Learned counsel for the petitioner has made available to this Court the certified copy of the order sheet in C.C. No.2471 of 2021 that arise out of a Crime No.85 of 2021.

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NC: 2025:KHC-D:11354 CRL.P No. 103371 of 2025

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HC-KAR

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A perusal of the said order sheet would go to show that the order said to have been passed by the learned Magistrate on 27.05.2022 , according permission to the Investigation Officer as provided under Section 155(2) of the Cr.P.C. is not part of the order sheet maintained in the present petition. The Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi¹ has observed that, any order passed by the Jurisdictional Magistrate under Section 155(2) of the Cr.P.C. should find place in the order sheet maintained by the Court in the said case.

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7. In the case of Vaggeppa Gurulinga Jangaligi

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(Jangalagi) (Supra), it is observed as follows:

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“ii) When the requisition is submitted by the informant to the Jurisdictional Magistrate, he should make an endorsement on it as to how it was received, either by post or by

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1 ILR 2020 KAR 630

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5 - NC: 2025:KHC-D:11354 CRL.P No. 103371 of 2025

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HC-KAR

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Muddam and direct the office to place it before him with a separate order sheet. No order should be passed on the requisition itself. The said order sheet should be continued for further proceedings in the case.”

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In the present case, the order said to have been passed by the learned Magistrate in exercise of its power under Section 155(2) of the Cr.P.C. on 27.05.2022 is not found in the order sheet maintained in the present case and in this short ground alone, the impugned proceedings needs to be quashed. Accordingly, the following:

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ORDER

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The criminal petition is allowed and the entire proceedings in C.C. No.2321/2022 pending on the file of Civil Judge and JMFC, Siruguppa stands quashed.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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VB/CT:GSM/List No.: 1 Sl No.: 31

Mansur S/O Gujari Husen v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mansur S/O Gujari Husen v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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