- 1 - NC: 2025:KHC-K:2452 CRL.P No. 200711 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200711 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: GOVINDA S/O HANUMANTARAYA, AGE:62 YEARS, OCC: AGRICULTURE, R/O. GABBUR VILLAGE, TQ.DEVADURGA, DIST.RAICHUR-584113. …PETITIONER (BY SRI R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO., GABBUR PS, REP BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI – 585102. 2. PRAKASHA AGE:39 YEARS, OCC: PSI., GABBUR PS TQ.DEVADURGA, DIST.RAICHUR - 584113 …RESPONDENTS (BY SRI B.N. JAGADEESH, ASPP FOR R1) THIS CRL.P IS FILED U/SEC. 528 OF BNSS, 2023 PRAYING TO ALLOW THIS CRIMINAL PETITION AND THEREBY QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DT. 26.05.2023 PASSED IN CRIMINAL CASE Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2452 CRL.P No. 200711 of 2025 NO.291/2023 (OLD CC NO.441/2023) (ARISING OUT OF GABBUR PS CRIME NO.18/2023) BY THE HON'BLE JMFC COURT DEVADURGA FOR THE OFFENCE PUNISHABLE U/S 78(iii) OF KARNATAKA POLICE ACT, NOW PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC COURT DEVADURGA AND ALL FURTHER PROCEEDINGS ARISING OUT OF AND THERETO AGAINST HIM, PRODUCED AT ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused seeking to quash the order of taking cognizance and issuance of process in Criminal Case No.291/2023(Old C.C.No.441/2023) airings out of Crime No.18/2023, registered by Gabbur police station, Raichur for the offence punishable under Section 78(iii) of the Karnataka Police Act, pending on the file of the Senior Civil Judge and JMFC, Devadurga and all further proceedings thereof. 2. It is the case of the prosecution that on 24.02.2023 around about 6.00 p.m., the complainant had received information that matka gambling was being - 3 - NC: 2025:KHC-K:2452 CRL.P No. 200711 of 2025 played at Gabbur village. On receiving the said information, the complainant stated to have conducted raid to the place where the accused was playing matka along with others. The complainant apprehended the petitioner and on search, Rs.620/-, one ball pen and one matka chit were found in his possession. Therefore, he lodged a complaint against the petitioner/accused. As the alleged offence is non cognizable, the complainant has to obtain permission from the Court to register a case. 3. Heard the learned counsel for the petitioner Sri R.S.Lagali and learned Additional State Public Prosecutor Sri B.N.Jagadeesh for respondent No.1. 4. It is the submission of learned counsel for the petitioner that the procedure as contemplated under Section 155(2) of Cr.P.C. has not been followed. The complainant being the PSI had sent the SHO of the police station, who is neither the complainant nor the informant to take permission from the learned Magistrate. The complainant has not obtained the permission from the - 4 - NC: 2025:KHC-K:2452 CRL.P No. 200711 of 2025 Magistrate, which is not in consonance with the provision. Making such submissions, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor for respondent No.1 vehemently submitted that the procedure may be irregular and that may not be a ground to quash the impugned proceedings. Making such submission, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and impugned order passed by the Trial Court, it appears from the record that the PSI namely, Prakash lodged a complaint. Thereafter, the SHO of Gabbur police station had been to the Trial Court and obtained the permission of the learned Magistrate to register a case. After having noticed the illegality committed by the respondent – police, I am of the considered opinion that the submission of learned counsel for the petitioner has to be accepted and the petition has to be allowed. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC-K:2452 CRL.P No. 200711 of 2025 ORDER (i) The Criminal Petition is allowed. (ii) The order of taking cognizance and issuance of process in Criminal Case No.291/2023(Old C.C.No.441/2023) airings out of Crime No.18/2023, registered by Gabbur police station, Raichur for the offence punishable under Section 78(iii) of the Karnataka Police Act, pending on the file of the Senior Civil Judge and JMFC, Devadurga and all further proceedings thereof, as against the petitioner stands quashed. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 7 CT:PK