IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5081 OF 2019 BETWEEN:
SHABBIR S/O HYDAR KHAN AGE:39 YRS, OCC:DRIVER R/AT NELAHONNE VILLAGE HONNAHALLI DAVANAGERE DISTRICT-577 601 … PETITIONER (BY SHRI. S.G. RAJENDRA REDDY, ADVOCATE) AND:
STATE BY S.H.O. HONNALI POLICE STATION, DAVANAGERE DISTRICT 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 FIR AND COMPLAINT IN CR.NO.136/2019 OF HONNALI POLICE STATION, REGISTERED FOR THE OFFENCES P/U/S 78(3) OF KARNATAKA POLICE ACT, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn) AND JMFC, HONNALI, DAVANAGERE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri S.G.Rajendra Reddy, learned Advocate for petitioner 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 petitioner 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 Station House Officer, Honnali. 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.136/2019 pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Honnali, Davanagere, are quashed so far as petitioner is 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.