IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION Nos.27909-910/2019(GM-RES) BETWEEN:
1. KABAKA RECREATION CLUB KULA VILLGE BANTWALA TALUK DAKSHINA KANNADA-574 243 (REPRESENTED BY THE PRESIDENT MR KRISHNAPPA) 2. MR.KRISHNAPPA S/O LATE THIMMAPPA KANAPADE HOUSE NAVOOR VILLAGE BANTWAL TALUK DAKSHINA KANNADA -574 211 ... PETITIONERS (BY SRI AKASH B SHETTY, ADV.) AND:
1. DIRECTOR GENERAL & INCPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATHUNGA ROAD, BANGALORE-01 2. THE CHIEF SECRETARY TO STATE GOVERNMENT VIDHANA SOUDHA BANGALORE-01 3. DEPARTMENT OF HOME REP BY SECRETARY VIDHAN SOUDHA BANGALORE-01 4. THE INSPECTOR OF POLICE VITLA POLICE STATION DAKSHINA KANNADA-574 243 5. THE SUB INSPECTOR OF POLICE VITLA POLICE STATION DAKSHINA KANNDA-574243 6. STATE OF KARNATAKA BY VITLA POLICE STATION DAKSHINA KANNADA REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560001 .. RESPONDENTS (BY SRI S.RACHAIAH, HCGP) THESE W.Ps FILED PRAYING TO THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE FIR PROCEEDINGS IN CRIME NO.0065/2019 U/S 79, 80 OF THE K.P. ACT 1963 BEFORE THE ADDL. CIVIL JUDGE (JR.DN.) & JMFC COURT, BANTWALA, DAKSHINA KANNADA DTD.14.04.2019 (ANNX-A). DIRECT THE RESPONDENTS TO NOT TO CONDUCT ANY INVESTIGATION & REGISTRATION OF FIR WITHOUT THERE BEING A JURICIAL SPEAKING ORDER FOR INVESTIGATION FROM THE JURISDICTIONAL MAGISTRATE U/S 155(2) OF CR.PC 1973. DECLARING THAT WITHOUT THERE BEING A COMPLAINT TO THE MAGISTRATE U/S 2(d) & S. 155(1) OF CR.P.C, 1973 THE MAGISTRATE AND THE POLICE DOES NOT ACQUIRE POWER, JURISDICTION OR AUTHORITY. DECLARE THAT THE POLICE IN A NON-COGNIZABLE OFFENCE CASE CANNOT ARREST, SEIZE OR INVESTIGATE UNDER K.P. ACT 1963, ONLY UNDER CR.P.C U./S 155(2) THE JURISDICTION POLICE U/S 155(3) CAN INVESTIGATE UNDER A JUDICIAL SPEAKING ORDER FROM THE JURISDICTIONAL MAGISTRATE.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Akash B.Shetty, learned Advocate for petitioners and Sri S.Rachaiah, learned HCGP for respondent-State.
2. Petitioners have challenged proceedings initiated against them in Crime No.65/2019 dated 14.04.2019 for violation of Sections 79 and 80 of the Karnataka Police Act alleging that they were involved in playing the game of Andar Bahar by using cards and also placing bets.
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. Perusal of requisition submitted by the Station House Officer of Vittal Police Station, Vittal (Dakshina Kannada) on 15.04.2019 annexed to the petition 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, these petitions merit consideration and they are accordingly allowed. All proceedings in Crime No.0065/2019 dated 14.4.2019 pending on the file of Addl.Civil Judge (Jr.Dn.) and JMFC Court, Bantwala, Dakshina Kannada are quashed so far as petitioners are concerned.
No costs.
Sd/- JUDGE Sk/-