IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No. 2439 OF 2019 BETWEEN:
1. IMRAN AHMAD S/O HAJARATH ALI AGED ABOUT 22 YEARS R/O KEREBILACHI CAMP SWARGAVTI PATTANA VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 530 2. JAMAL S/O IMAM SAB AGED ABOUT 48 YEARS MALEBENNUR HARIHARA TALUK DAVANAGERE DISTRICT–577 530 … PETITIONERS (BY SHRI. D.S. SHIVANANDA, ADVOCATE) AND:
THE STATE OF KARNATAKA BASAVAPATTANA POLICE STATION BASAVARAPATTANA CHANNAGIRI TALUK DAVANAGERE DISTRICT NOW REPTD, BY S.P.P HIGH COURT BUILDING BENGALURU – 560 001. ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED FIR IN CRIME NO. 168/2018 FOR THE OFFENCE P/U/S 78(3) OF KARNATAKA POLICE ACT 1963 REGISTERED BY THE RESPONDENT POLICE PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR. DN.,) AND CJM, CHANNAGIRI, DAVANAGERE DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Shivananda D.S., learned Advocate for the petitioners and Shri Nasrulla Khan, learned HCGP for respondent-State.
2. Petitioners have challenged proceedings initiated against them for violation of Section 78(3) of the Karnataka Police Act, 1963 alleging that they were involved in playing ‘matka’.
3. Learned advocate for the petitioners submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Learned HCGP has made available a copy of requisition submitted by the Sub-Inspector of Basavapatna Police Station. A perusal of the said requisition shows that the learned Magistrate has endorsed as ‘permitted’. No reasons are recorded for granting permission.
5. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate as ‘permitted’ without recording reasons is not a speaking order. [See- The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].
6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in Crime No.168/2018 pending on the file of Principal Civil Judge(Sr.Dn.) & CJM, Channagiri, Davanagere District, are quashed so far as petitioners are concerned.
7. In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE Yn.