IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9393/2018 Between:
Nawaz Ahmed Khan, S/o.Late Basheer Ahmed Khan, Aged about 48 years, Occ: Business, R/at No. 37/1, Nizamuddin Street, Baba Lane, Mysore Road, Bengaluru - 560 002. ... Petitioner (By Sri. Anees Ali Khan, Adv.,) And:
State by High Grounds P.S., Bengaluru - 560 001.
Represented by:
The State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bengaluru-01. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed u/s.482 of Cr.P.C praying to quash the FIR in Cr.No.169/2018 of High Grounds Police Station, for offence under Sections 78(1)(a)(vi) of the Karnataka Police Act and u/s.12 of Karnataka Race Betting Act, of High Grounds Police Station, pending on the file of the 8th A.C.M.M, Bengaluru.
This petition coming on for Admission, this day, the Court made the following:
ORDER Heard. Perused the case papers.
2. On the basis of the suo-moto information that at the entrance of Bangalore Turf Club, Gate No.3, 1st Enclosure some persons were involved in betting, Officer of High Grounds Police Station is said to have taken permission of the learned 1st ACMM to conduct a raid and accordingly, conducted the raid at about 3.15 pm and arrested ten persons by seizing a cash of Rs.5,91,000/-, two books of best of luck, three books of race program, regarding race to be conducted on 31.11.2018 along with other materials. Hence, petitioner is before this Court for quashing of the proceedings, contending inter-alia that offences alleged against the petitioners under Sections 78(1) (a) (vi) of the Karnataka Police Act, 1963 and Section 12 of the Karnataka Race Betting Act are non-cognizable offences and without prior permission of the jurisdictional Magistrate, proceedings have been initiated which is contrary to Section 155(2) of Cr.P.C. Hence, petitioner is seeking for quashing of said proceedings.
3. Per contra, Sri.Rachaiah, learned HCGP appearing for respondent-State has relied upon the endorsement made by the jurisdictional Magistrate to contend that permission has been granted by the Magistrate and it is in due compliance of Section 155(2) of Cr.P.C. Hence, he prays for rejection of the petition.
4. Having heard the learned advocates appearing for parties and on perusal of the grounds urged in the petition, it would clearly emerge from records that the purported raid was conducted on 30.11.2018 and permission which has been relied upon and sought to have been granted by the jurisdictional Magistrate is dated 01.12.2018. Thus, purported permission is not in compliance with the Section 155(2) of Cr.P.C. On this short ground alone, petitioner is entitled to the relief sought for. Hence, the following:
ORDER i) Criminal petition is allowed.
ii) Proceedings pending against the petitioner in Crime No.169/2018 registered by High Grounds Police Station on the file of 8th ACMM, Bangalore, registered for the offence punishable under Sections 78(1) (a) (vi) of the Karnataka Police Act, 1963 and Section 12 of the Karnataka Race Betting Act is quashed and petitioner is acquitted of said offences.
In view of disposal of main petition, IA.No.1/2018 for stay does not survive for consideration.
SD/- JUDGE SB