IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRL.P. No. 2377/2017 BETWEEN:
SRI. WILSON, S/O THOMAS, AGED 23 YEARS, NO.112, NAGANAHALLI, 4TH CROSS, HD KOTE, ANTHARA SANTHE HOBLI, MYSURU DISTRICT – 570 001. ... PETITIONER (BY SRI.VINOD KUMAR M., ADVOCATE) AND:
1. STATE OF KARNATAKA, REP. BY VYALIKAVAL POLICE STATION, BENGALURU.
REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. POLICE INSPECTOR, VYALIKAVAL POLICE STATION, BENGALURU CITY, BENGALURU-560 001. ... RESPONDENTS (BY SRI.SANDESH J. CHOUTA, SPP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.23077/2015 (CR.NO.114/2014 OF VYALIKAVAL P.S.,) PENDING ON THE FILE OF THE VIII ACMM, BENGALURU, FOR THE OFFENCES P/U/Ss. 78(1)(a)(vi),79,78(i)(b) OF KARANATAKA POLICE ACT AND SEC.188 OF IPC AND CONSEQUENTLY QUASH THE ORDER OF TAKING COGNIZANCE DATED 21.09.2015 IN C.C.NO.23077/2015 (CR.NO.114/2014 OF VYALIKAVAL P.S.,) PASSED BY THE VIII ACMM, BENGALURU FOR THE OFFENCES P/U/Ss. 78(1)(a)(vi), 78(i)(b), 79 OF KARNATAKA POLICE ACT AND SEC.188 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri. M. Vinod Kumar, learned counsel appearing for petitioner (Accused No.22) and Sri. Sandesh J. Chouta, learned S.P.P. appearing for Respondent-State.
2. Petitioner has sought for quashing of the proceedings initiated against him by Respondent- Vyalikaval Police Station in Crime No.114/2014 for the offences punishable under Sections 78(1)(a)(vi), 78 (i)(b) and 79 of Karnataka Police Act, 1963 and Section 188 of IPC.
3. The gist of allegation made in the complaint is, on 03.07.2014 at about 8.00 p.m., credible information was received that certain persons were involved in gambling and as such, Vyalikaval police conducted a raid on the Members Lounge Recreation Club, situated on 4th Floor of Sri Srinivasa Bar and restaurant, Vinayaka Circle, P.G. Halli, Bengaluru City, and found 78 number of persons were playing Fantastic-3 cards game. The owner of said club Sri. Harish Shetty was enquired and on finding no satisfactory reply, police seized the mobile phones of the persons who are present at the scene of offence and registered the complaint against 78 persons. Petitioner has been arraigned as Accused No.22.
4. Alleged offence is a non-bailable offence, as such permission of the concerned Magistrate was required to be obtained under Section 155(2) of Cr.P.C. and same is mandatory. However, no such permission has been obtained from the jurisdictional Magistrate for conducting investigation, as such, proceedings initiated against petitioner is liable to be quashed.
5. Section 188 of IPC relates to an offence punishable for disobedience of the order which has been duly promulgated by a public servant. In the instant case, Section 188 of IPC has been invoked against petitioner for violation of Government Order bearing No.HD 258 SST 2013 dated 12.09.2013 and said order has been withdrawn under communication bearing No.HD 300 SST 2014 dated 25.09.2014, issued by the Additional Chief Secretary, Government of Karnataka, Home Department. Hence, prosecuting the petitioner on the basis of an order which has been withdrawn, would be permissible.
Hence, the following order:-
ORDER (i) This Criminal Petition is hereby allowed.
(ii) The entire proceedings in C.C. No.23077/2015 (Crime No.114/2014 of Vyalikaval Police Station) pending on the file of VIII Additional Chief Metropolitan Magistrate at Bengaluru, for the offences punishable under Sections 78(1)(a)(vi), 78(i)(b) and 79 of Karnataka Police Act, 1963 and Section 188 of IPC, and the consequential order dated 21.09.2015 passed in the said case against petitioner (Accused No.22), is hereby quashed and petitioner is acquitted of aforesaid offences.
SD/- JUDGE KGR*