IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.6737 OF 2018 BETWEEN:
Sri.Sudhakar @ Sudha @ Raju, S/o. Late Manjappa, Aged about 40 years, R/at Sunagara Beedi, Honnali Town-577 217, Honnali Taluk, Davanagere District.
…Petitioner (By Shri.V.B.Siddaramaiah, Advocate) AND:
State by Honnali Police Station, Honnali-577 217, Davanagere District. … Respondent (By Shri.Nasrulla Khan, HCGP) This Criminal Petition is filed under Section 482 Cr.P.C., praying to quash the entire proceedings in Crime No.256/2018 registered by the respondent-
Honnali Police Station, Honnali, Davanagere District, pending on the file of Principal Civil Judge and J.M.F.C., Honnali for the alleged offence punishable under Section 78(3) of the Karnataka Police Act.
This Criminal Petition coming on for Orders this day, the Court made the following:-
ORDER Heard.
2. Shri V.B. Siddaramaiah, learned advocate for the petitioner submits that respondent filed an FIR No.256/2018 on 6.6.2018 in Honnali Police Station against the accused for the offence punishable under Section 78(3) of Karnataka Police Act, 1963 alleging that petitioner was playing ‘Matka’. The said offence is non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order from the learned Magistrate. The learned Magistrate has endorsed on a requisition filed by the police as ‘permitted’ and therefore, it is a non-speaking order. Based on such permission, police have conducted enquiry and filed charge sheet.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as ‘permitted’ 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)].
5. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in FIR No.256/2018 pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC Court, Honnali Davanagere are quashed so far as the petitioner is concerned.
No costs.
Sd/-
JUDGE Cs/-
ch: sps