- 1 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201651 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MAIBOOB PANSHOP S/O SHUKUR, AGE:40 YEARS, OCC: LABOURER, R/O. HUTTI TOWN, TQ. LINGASUGUR, DIST. RAICHUR-584115. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, HUTTI POLICE STATION, TQ. LINGASUGUR, DIST. RAICHUR-584115, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107 …RESPONDENT (BY SMT. ARATI PATIL ,HCGP) THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO, QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 03.08.2024 PASSED IN C.C.NO.966/2024 (HUTTI PS CRIME NO.139/2024 DISTRICT RAICHUR) FOR THE OFFENCES PUNISHABLE U/SEC 78(III) OF Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 KARNATAKA POLICE ACT PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, LINGASUGUR, DISTRICT RAICHUR. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Shivanand V. Pattanashetti, learned counsel for the petitioner and Smt. Arati Patil, learned High Court Government Pleader for the respondent – State. 2. Petition under Section 528 of the Bharatiya Nagaraik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023), with the following prayer: “Criminal petition is filed under Section 528 of BNSS, 2023 praying to quash the order of taking cognizance and issue of process dated 03.08.2024 passed in C.C.No.966/2024 (Hutti PS Crime No.139/2024 District Raichur) for the offences punishable u/Sec. - 3 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 78(III) of Karnataka Police Act, pending on the file of Addl. Civil Judge and JMFC, Lingasugur, district Raichur.” 3. Facts in brief, which are utmost necessary for disposal of the petition are as under: 3.1 Sri Hosakerappa K., Police Inspector of Hutti Police Station, Raichur lodged a report with the Station House Officer (SHO) of Hutti police station, which was registered in Crime No.139/2024 on 29.06.2024 for the offence punishable under Section 78(III) of the Karnataka Police Act, 1963 (for short ‘K.P.Act’). 3.2 Gist of the report filed by the Police Inspector of Hutti police station would reveal that on 28.06.2024 at about 04.45 p.m., when he was in the police sation, he received a credible information that near the new bus- stand of Hutti Town, petitioner was playing ‘Matka’ by announcing that for a rupee invested they will get Rs.80/-. 3.3 Based on the said information, he formed a raid comprising of himself, sub staff, panchas and raided the - 4 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 said place and noticed that present petitioner and another were found in the said place. From the custody of petitioner, sum of Rs.750/-, matka chits and one ball pen were sized. 3.4 Later on, the police registered a case, investigated the matter and filed charge sheet on 30.06.2024. Registration of the case and filing of the charge sheet is called in question in this petition. 4. Learned counsel for the petitioners reiterating the grounds urged in the petition wound contend that respondent – police did not follow the procedure as is contemplated under Section 174 of BNSS, 2023 and sought for quashing of the pending criminal proceedings. 5. Per contra, learned High Court Government Pleader supports registration of the case and filing of the charge sheet. - 5 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 6. On perusal of the material on record, it is crystal clear that the police have registered a case without obtaining necessary permission from the jurisdictional Magistrate. 7. Same is in violation of the settled principles of law enunciated by the Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi vs. The State Of Karnataka reported in ILR 2020 KAR 630. 8. Accordingly, registration of the case and filing of the charge sheet is illegal and therefore, same needs to be quashed. 9. Hence, following order is passed: ORDER a) Criminal petition is allowed. b) The order of taking cognizance and issue of process dated 03.08.2024 passed in C.C.No.966/2024 (Crime No.139/2024 of - 6 - HC-KAR NC: 2025:KHC-K:3524 CRL.P No. 201651 of 2024 Hutti Police Station, Raichur), pending on the file of Additional Civil Judge and JMFC, Lingasugur, Raichur district, is hereby quashed. c) In view of disposal of the main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 27 CT:PK