IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8026/2018 BETWEEN:
RAMESH AGED ABOUT 48 YEARS S/O MOHAN R/AT NARASIMHAPETE CHINTAMANI KOLAR DISTRICT – 563 125.
... PETITIONER (BY SRI. RANGANATH REDDY R, ADVOCATE) AND:
1. STATE BY THE STATION HOUSE OFFICER WILSON GARDEN POLICE STATION BANGALORE CITY (REPRESENTED BY THE STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA – 560 001.
2. SRI. V. MARIAYYAPPA AGED ABOUT 50 YEARS ASSISTANT COMMISSIONER OF POLICE CENTRAL CRIME BRANCH BANGALORE, KARNATAKA.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR INITIATED AGAINST HIM IN CR.NO.170/2018 REGISTERED BY WILSON GARDEN POLICE FOR THE OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT PENDING ON THE FILE OF M.M.T.C.-I, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner-accused has sought for quashing of proceedings pending in Crime No.170/2018 registered by Wilson Garden Police Station on the file of the Metropolitan Magistrate (Traffic Court-1) Mayohall, Bangalore registered for the offences punishable under Section 79 and 80 of the Karnataka Police Act.
2. Heard Sri. Ranganath Reddy R, learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for respondents. Perused the case papers.
3. The prosecution case in brief is that, on 29.09.2018 at about 7.30 p.m. on receiving credible information, respondent No.2 visited the spot i.e., Wilson Garden Club, 9th Cross, Wilson Garden, Bangalore along with panchas and had noticed that certain persons were playing Andar Bahar game and on seeing the Police, accused tried to escape from the spot and police arrested them and seized the cards as well as amount laid on the table. On the basis of same, FIR in Crime No.170/2018 came to be registered for the offences aforestated.
4. The offences alleged under Sections 79 and 80 of the Karnataka Police Act are non- cognizable offences. Section 155(2) of Cr.P.C. imposes bar on the police to investigate a non-cognizable offences without the order of Magistrate. Learned High Court Government Pleader submits that no such permission was obtained by the prosecution from jurisdictional Magistrate before proceeding with the matter.
5. Hence, in the absence of such prior permission being obtained from jurisdictional Magistrate, proceedings initiated against petitioner would not be sustainable in law.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is allowed.
(2) Crime No.170/2018 initiated against petitioner for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 is hereby quashed.
(3) Petitioner is acquitted of the aforesaid offences.
*sp SD/- JUDGE