Shri. Raghavendra S/O Dayanand Pai Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

Shri. Raghavendra S/O Dayanand Pai Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; pending criminal proceedings in C.C.No.524/2025 on the file of Civil Judge and J.M.F.C., Siddapur quashed (petition had sought quashal so far as the petitioner, arrayed as Accused No.2, in Siddapur P.S. Crime No.156/2025).

Issue for consideration

Whether the entire criminal proceedings in Siddapur P.S. Crime No.156/2025 (offence under Section 78(3) of KP Act), pending in C.C. No. 524/2025 before the Civil Judge and JMFC Court, Siddapur, ought to be quashed so far as the petitioner, arrayed as Accused No.2. +1 more

Court's answer

The petition is allowed and the pending criminal proceedings in C.C.No.524/2025 on the file of Civil Judge and J.M.F.C., Siddapur are hereby quashed.

Ratio / Principle

The learned trial Magistrate was required to pass a judicial order after perusing the report and being prima facie satisfied about the registration of the case and investigation of the matter; a bare statement permitting filing of the FIR does not satisfy this requirement.

Key takeaways

Since the Magistrate did not pass such a judicial order, there is no compliance of Section 174 BNSS; accordingly, the further proceedings require to be quashed.ratio¶38

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 105179 of 2025) filed under S.482 Cr.P.C. / S.528 BNSS, 2023 before the High Court of Karnataka at Dharwad (V. Srishananda, J.; decided 16-02-2026), seeking quashing of the entire criminal proceedings in Siddapur P.S. Crime No.156/2025, for offence punishable under S.78(3) of the Karnataka Police Act (playing matka, a non-cognizable but non-bailable offence), pending in C.C. No. 524/2025 before the Civil Judge and JMFC Court, Siddapur, so far as the petitioner arrayed as Accused No.2. Held: after the head of the raid party seized the matka chits and money and approached the Magistrate for permission to register the case and investigate, the learned trial Magistrate was required to pass a judicial order after perusing the report and being prima facie satisfied about registration of the case and investigation; the Magistrate having merely stated that filing of the FIR was permitted, without passing any detailed judicial order, there is no compliance of S.174 BNSS. Petition allowed; pending criminal proceedings in C.C.No.524/2025 quashed. No precedent cited; single-judge oral order.

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NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 16^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 105179 OF 2025

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

BETWEEN:

SHRI. RAGHAVENDRA S/O DAYANAND PAI, AGE: 45 YEARS, OCC. BUSINESS, R/O. RAJMARGA, SIDDAPUR TOWN, TQ AND DIST. SIDDAPUR.

…PETITIONER

(BY SRI. ARAVIND D. KULKARNI, ADVOCATE FOR SRI. R.H. ANGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA (SIDDAPUR POLICE STATION) R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD-580011.

CHANDRASHEKAR LAXMAN KATTIMANI

…RESPONDENT

(BY SMT. KIRTILATA R. PATIL, HCGP)

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 16:08:44 +0530

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SIDDAPUR P.S. CRIME NO.156/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTION 78 (3) OF KP ACT, PENDING IN C.C. NO. 524/2025, ON THE FILE OF CIVIL JUDGE AND JMFC COURT, SIDDAPUR, SO FAR AS PETITIONER WHO IS ARRAYED AS ACCUSED NO.2.

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NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025

HC-KAR

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri Aravind D.Kulkarni for Sri R.H.Angadi, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent.

Petition under Section 528 BNSS with the following

prayer:

“ To quash the entire criminal proceedings in Siddapur P.S. Crime No.156/2025, for the offence punishable under section 78 (3) of KP Act, pending in C.C. No. 524/2025, on the file of Civil Judge and JMFC Court, Siddapur, so far as petitioner who is arrayed as accused No.2.”

Petitioner said to have indulged in playing matka, which is a non-cognizable offence, for which he has been booked for the offence under Section 78(3) of Karnataka Police Act which is a non-bailable offence.

Head of the raid party having seized the matka chits and money involved in the matka did approach the Magistrate for

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NC: 2026:KHC-D:2331 CRL.P No. 105179 of 2025

HC-KAR

the permission to register the case and investigate the matter. However, the learned trial Magistrate did not pass a detailed order and has only stated that he is permitted to file the FIR.

Learned trial Magistrate was required to pass a judicial order after perusing the report and prima facie satisfied about the registration of the case and investigation of the matter.

Hence, there is no compliance of Section 174 BNSS. Accordingly, further proceedings needs to be quashed.

Hence, following:

ORDER

i. Petition is allowed.

ii. Pending criminal proceedings in C.C.No.524/2025 on the file of Civil Judge and J.M.F.C., Siddapur is hereby quashed.

Sd/(V.SRISHANANDA)

JUDGE

CLK Ct-cmu LIST NO.: 1 SL NO.: 57