IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.5813 OF 2019 (GM-RES) BETWEEN:
V. K. MOHAN, S/O SRI KAALA POOJARI, AGED ABOUT 56 YEARS, R/AT NO.119, 6TH CROSS, 1ST MAIN, LOWER PALACE ORCHARD ROAD, SADASHIVA NAGAR, RAJMAHAL GUTTAHALLI, BENGALURU- 560 080.
... PETITIONER (BY SRI. HASHMATH PASHA, SR. COUNSEL A/W SRI. RANJAN KUMAR P. ADV.) AND:
1. STATE OF KARNATAKA BY: STATION HOUSE OFFICER, POLICE INSPECTOR, MAHALAKSHMIPURAM POLICE STATION, BENGALURU CITY-560 010.
2. SRI P.T. SUBRAMANYA, ASSISTANT COMMISSIONER OF POLICE, C.C.B (SPECIAL SQUAD) POLICE, N.T.PETE, BENGALURU CITY-560 040.
3. POLICE INSPECTOR, C.C.B. POLICE, N.T.PETE, BENGALURU CITY-560 040.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR/ GOVERNMENT ADVOCATE) HIGH COURT OF KARNATAKA, BENGALURU-01.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH, HCGP) ******** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.313/2018 ON THE FILE OF MAHALAKSHMIPURA POLICE STATION, BENGALURU CITY AS PER ANNX-B DATED 13.10.2018 AS AN ABUSE OF PROCESS OF LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by accused No.49 invoking Section 482 of Cr.P.C. and praying for quashing of the FIR registered in Crime No.313/2018 of Mahalakshmipura Police Station, Bangalore City as abuse of process of law and consequently quash all further proceedings held in pursuance thereof, now pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 79 & 80 of the Karnataka Police Act, 1963.
2. Heard the arguments of the learned counsel appearing for the petitioner 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 13.10.2018, on receiving a credible information, respondent – police along with panchas, had visited R.G. Recreation Association Club, Mahalakshmi Layout, Bengaluru, around 6.15 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 petitioner and others and seized the playing cards as well as the amount laid on the table. On the basis of same, FIR in Cr.No.313/2018 came to be registered for the alleged offences.
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.
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 petitioner if continued would not lead to his conviction and it would be waste of precious judicial time.
Hence, writ petition is allowed. Proceedings pending against petitioner in Cr.No.313/2018 for the offences under Sections 79 and 80 of the Karnataka Police Act is hereby quashed and petitioner is acquitted of said offences.
sac* SD/- JUDGE