IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION Nos.28895-897/2019 (GM-RES) BETWEEN:
1. MR. UDAY S/O THIMMAPPA MOOLYA AGED ABOUT 45 YEARS NO. 1-84, ADYAR KORAKANDA ADYAR POST AND VILLAGE MANGALORE-575 007 2. MR. RAVIRAJ. K S/O KAMALAKSHA BHANDARY AGED ABOUT 31 YEARS BERANAH BAIL, BEACH ROAD KASARGOD, KERALA-671 121 3. MR. A. KARUNAKARA S/O DHARMANNA BHANDARY AGED ABOUT 47 YEARS NO. 212, ANUGRAHA DHARMA KUVETTU VILLAGE GURUVAYANAKERE DAKSHINA KANNADA-574 217 ... PETITIONERS (BY SHRI. AKASH B. SHETTY, ADVOCATE) AND:
1. DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATUNGA ROAD, BANGALORE-01 2. THE CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-01 3. HOME SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE-01 4. THE SUB INSPECTOR OF POLICE NORTH POLICE STATION BUNDER, MANGALORE DAKSHINA KANNADA-570 124 5. THE SUB INSPECTOR OF POLICE CCB POLICE, MANGALORE DAKSHINA KANNADA-570 124 6. STATE OF KARNATAKA BY NORTH POLICE STATION BUNDER, MANGALORE KDAKSHINA KANNADA REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560 001 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE FIR IN CRIME NO.0065/2019 DATED: 25.06.2019 U/S 78(VI) OF THE K.P.ACT 1963 BEFORE THE J.M.F.C., 2ND COURT, MANGALORE CITY, D.K (ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Akash B. Shetty, learned advocate for petitioners and Shri K.N. Nageshwarappa, learned HCGP for respondents.
2. Petitioners have challenged proceedings initiated against them for violation of Sections 78(6) of Karnataka Police Act, 1963, alleging that they were involved in gambling.
3. Learned advocate for the petitioners submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind. He has made available a copy of requisition submitted by the Station House Officer of Mangalore North Police Station. A perusal of the said requisition shows that the learned Magistrate has endorsed as ‘permitted’. No reasons are recorded for granting permission.
4. 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)].
5. In the circumstances, these petitions merit consideration and they are accordingly allowed. All proceedings in Crime No.65/2019 registered in Mangalore North Police Station, pending on the file of JMFC II Court, Mangalore, are quashed so far as petitioners are concerned.
No costs.
Sd/- JUDGE AV