IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3484/2017 BETWEEN:
Hanumantha Reddy S/o Thippa Reddy (wrongly shown as Thimma Reddy) Aged about 52 years Manager in GBT Lodge NH4 Service Road, JCR Extension, Chitradurga-577 533.
(By Sri A.L. Prem Kumar, Advocate) AND:
State of Karnataka Represented by S.P.P.
Chitradurga Town Police Station Chitradurga-577 533.
(By Sri Sandesh J. Chouta, SPP-II) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of the Cr.P.C praying to set aside the charge sheet in CC No.1809/2016 filed by the respondent pending before the Prl. Civil Judge (Jr. Dn.) and JMFC, Chitradurga against the petitioner.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned SPP-II for the respondent. Perused the records.
2. The charge sheet against the petitioner and others is filed under Sections 79 and 80 of the Karnataka Police Act making allegations that the accused Nos.2 to 10 were playing andar-bahar game by using playing cards. This petitioner is the Manager of a Lodge by name GBT Lodge in Chitradurga. The main contention of the learned counsel is that the police have not followed the procedure as contemplated under Section 155(2) of the Cr.P.C. Without taking the permission of the jurisdictional Magistrate they raided the said Lodge and seized certain articles and also arrested some persons.
3. Offences under Sections 79 and 80 are non- cognizable. It is the duty of the police to take permission of the jurisdictional Magistrate before investigating such matters. More over there are no specific allegation that this person was playing andar-bahar game. Added to that, there is no explanation in the charge sheet as to how andar-bahar game was played by the petitioner so that to ascertain that it is a pure game of chance and it does not require any skill at all. In the above such circumstances, in the absence of such explanation, the offences under Sections 79 and 80 of the Karnataka Police Act are not attracted in so far as this petitioner is concerned. Hence, the proceedings deserves to be quashed. Accordingly the following order is passed:
ORDER This petition is allowed. The entire proceedings in C.C.No.1809/2016 on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Chitradurga in so far as this petitioner is concerned is hereby quashed.
ap* Sd/- JUDGE