- 1 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201577 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RAJAK IBRAHIM AGE: 32 YEARS, OCC: COOLIE, R/O GURAGUNTA, TQ. LINGASUGUR, DIST. RAICHUR-584115. 2. ISMAIL @ GHORI S/O SHAIK KHADRISAB GALAG, AGE: 34 YEARS, OCC: COOLIE, R/O KAKANAGAR HUTTI, TQ. LINGASUGUR, DIST. RAICHUR-584115. …PETITIONERS (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, HUTTI POLICE STATION, DIST. RAICHUR-584115, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SMT. ARATI PATIL, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO, QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 23.04.2024 PASSED IN C.C NO.288/2024 (HUTTI PS CRIME NO.94/2024 DISTRICT RAICHUR) FOR THE OFFENCES PUNISHABLE U/SECS 78(VI) OF KARNATAKA POLICE ACT, PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC LINGASUGUR, DISTRICT RAICHUR. THIS PETITION, COMING ON FOR ORDERS, 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 petitioners and Smt. Arati Patil, learned High Court Government Pleader for the respondent/State. 2. This petition is filed under Section 482 of Cr.P.C. with the following prayer: “WHEREFORE, for the reasons stated above amongst others, it is humbly prayed that the Hon’ble Court be pleased to quash the order of - 3 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 taking cognizance and issue of process dated: 23.04.2024 passed in C.C No.288/2024 (Hutti PS Crime No.94/2024 District Raichur) for the offences punishable U/Secs.78(VI) of Karnataka Police Act pending on the file of Addl. Civil Judge and JMFC Lingasugur, District Raichur, in the interest of justice.”. 3. The Police Inspector of Hutti Police Station, Hutti Camp, Raichur lodged a report stating that on 09.04.2024, at about 04-00 p.m., when he was in the police station, he received a credible information that near Dharuwala stadium in Hutti camp, some people have indulged in cricket betting through mobile telephones. 4. Accordingly, he formed the raid team, comprising of himself, two panchas and sub-staff and raided those people and they are able to recover cash from them and mobile telephones. Therefore, they have committed the offence under Section 78 of the Karnataka Police Act. - 4 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 5. It is noticed that without obtaining necessary permission from the jurisdictional Magistrate, a case came to be registered by the Hutti Police in Crime No.94/2024. 6. The learned Trial Magistrate without even noticing that there was no proper permission that has been obtained before investigating the matter, took cognizance of the offence by order dated 23.04.2024. The same is called in question in this petition. 7. Sri Shivanand V. Pattanashetti, learned counsel for the petitioners would contend that admittedly offence under Section 78(6) of the KPC Act is a non-cognizable offence and therefore taking cognizance has resulted in miscarriage of justice and sought for allowing the petition. 8. Per contra, Smt. Arati Patil, learned High Court Government Pleader for the respondent/State tried to justify the same. - 5 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 9. It is settled principles of law and requires no emphasis that in respect of a non-cognizable offence, the Trial Magistrate ought not to have taken cognizance in the absence of any prior permission to investigate the matter by the jurisdictional police. 10. View of this Court in this regard is supported by the judgment rendered by the Co-ordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi Vs. The State of Karnataka, Through PSI, Kagwad Police Station, Kagwad reported in ILR 2020 KAR 630. 11. Accordingly, order taking cognizance has resulted in miscarriage of justice and therefore needs to be set aside. Hence, the following: ORDER (i) The petition is allowed. (ii) The order of taking cognizance and issue of process dated 23.04.2024, passed in C.C.No.288/2024 (Hutti PS Crime No.94/2024 District Raichur), for the offence punishable - 6 - HC-KAR NC: 2025:KHC-K:3060 CRL.P No. 201577 of 2024 under Section 78(6) of the Karnataka Police Act, pending on the file of the Additional Civil Judge and JMFC, Lingasugur is hereby set aside. Consequently, pending proceedings are quashed. (iii) However, head of the raid party is at liberty to obtain necessary permission from the jurisdictional Magistrate in accordance with law and thereafter, if permitted, necessary investigation shall be conducted by the investigation officer. In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 13 CT:PK