IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.845 OF 2019 BETWEEN:
1. BASAVARAJAPPA, S/O GANGAPPA, AGE: 40 YRS, OCC: AGRICULTURE, R/O THIRUMALAPURA, CHITRADURGA-TALUK & DISTRICT, PIN 577501.
2. SRIDHARA REDDY, S/O NARSIMMAPPA, AGE: 63 YRS, OCC: AGRICULTURE, R/O 2ND CROSS, MUNICIPAL COLONY, KELAGOTE, CHITRADURGA 577501.
3. NIJALINGAPPA, S/O POOJAPPA, AGE: 50 YRS, OCC: AUTO DRIVER, JOGIMATTI ROAD, 4TH CROSS, CHITRADURGA 577501.
4. THIPPESWAMY, S/O THIMMANA, AGE: 23 YRS. OCC: STUDENT, R/O 1ST CROSS, GANDHI NAGAR, CHITRADURGA 577501.
5. SUESH BABU, S/O GUHESHWARAPPA, AGE: 49 YRS, OCC: AGRICULTURE, BASTHI HALLI- VILLAGE, CHITRADURGA 577501.
6. HALESH, S/O ESHWARAPPA, AGE: 42 YRS, OCC: AGRICULTURE, THIRUMALAPURA-VILLAGE, AMRUTHPURA-POST, HOLALKERE-TALUK, CHITRADURGA DISTRICT, PIN: 577501.
7. D. MANJUNATHAPPA, S/O THIPPESWAMY, AGE: 63 YRS, OCC: AGRICULTURIST, CHIKKAPURA-VILLAGE & POST, CHITRADURGA-TALUK & DISTRICT, PIN: 577501.
8. N. RAJU, S/O NARAYANA, AGE: 44 YRS, OCC: AGRICULTURE, NEAR RAILWAY STATION, DEVANGA ROAD, CHITRADURGA PIN 577501.
(BY SRI. S.G. RAJENDRA REDDY, ADV.) ... PETITIONERS AND:
STATE BY CHITRADURGA EXTENSION POLICE STATION, CHITRADURGA, CHITRADURGA-DISTRICT, REPTD BY S.P.P, HIGH COURT BUILDING BENGALURU-560001.
... RESPONDENT (BY SRI.S.CHANDRASHEKARAIAH, HCGP) ******* THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO.1205/2017 FILED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/Ss.79 AND 80 OF THE KARNATAKA POLICE ACT, 1963, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND CJM COURT, CHITRADURGA.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by accused Nos.6, 10, 31, 35, 51, 55, 57 and 64 invoking Section 482 of Cr.P.C. and praying for quashing of the charge-sheet and entire proceedings pending in C.C. No.1205/2017 of Chitradurga Extension Police Station, Chitradurga, on the file of Prl. Civil Judge and CJM Court, Chitradurga for the offences punishable under Sections 79 & 80 of the Karnataka Police Act, 1963 on the ground that its continuation is abuse of process of law.
2. I have heard the arguments of learned counsel appearing for the petitioners and also learned High Court Government Pleader appearing for respondent - State. Perused case papers.
3. Prosecution case in brief as per the allegations made in the complaint is: On 08.07.2017, on receiving a credible information, respondent – police along with panchas, had visited Harsha Sports Paradise Club, Chitradurga at 4.00 p.m. and found that several persons were playing Andar-Bahar card game by putting money on the table. Later accused persons after seeing the Police had tried to escape and as such respondent had arrested petitioners and seized the playing cards as well as the amount laid on the table. Hence, FIR came to be registered for the alleged offences. After investigation, respondent – police have filed charge-sheet in C.C. No.1205/2017.
4. The offences alleged under the Karnataka Police Act under Sections 79 and 80 are non-cognizable offences. Section 155(2) of Cr.P.C. mandates that before registration of FIR, prior permission of the jurisdictional Magistrate has to be obtained. While arguing the matter learned High Court Government Pleader has not been able to demonstrate that such permission had been obtained by the prosecution before proceeding with the matter or investigation.
5. Therefore, in the absence of such prior permission obtained it amounts to non-compliance of Section 155(2) of Cr.P.C. and as such proceedings initiated against petitioners if continued would not lead to their conviction and it would be waste of precious judicial time.
Hence, criminal petition is allowed. The charge-sheet and entire proceedings pending against petitioners in C.C. No.1205/2017 for the offences under Sections 79 and 80 of the Karnataka Police Act are hereby quashed and petitioners are acquitted of said offences.
Sd/- JUDGE sac*