- 1 - NC: 2025:KHC-D:3407 CRL.P No. 100426 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100426 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: KASHIMASAB HUSSAINSAB KOBBRIYEENI AGE. 50 YEARS, OCC. COOLIE, R/AT. NAVALGUND, TQ. NAVALGUND, DIST. DHARWAD. …PETITIONER (BY SRI. VIJAY CHINIWAR, ADVOCATE) AND: THE STATE OF KARNATAKA PSI NAVALAGUND POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. AT. DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER DATED 20.08.2022 IN TAKING COGNIZANCE AND FURTHER PROCEEDING AGAINST THE ACCUSED NO.2/PETITIONER IN NAVALAGUND P.S. CRIME NO. 110/2022 PENDING BEFORE CIVIL JUDGE AND JMFC NAVALGUND AND IN C.C.NO.2068/2022 FOR THE OFFENCES PUNISHABLE U/SEC. 78(iii) OF KARNATAKA POLICE ACT 1963. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:20 +0530 - 2 - NC: 2025:KHC-D:3407 CRL.P No. 100426 of 2023 ORAL ORDER The petitioner – accused No.2 has been charged for the offence punishable under Section 78(iii) of Karnataka Police Act, 1963. 2. The prosecution alleges that on 23.7.2022, upon receiving credible information regarding gambling activities, it was discovered that some unknown persons were playing OC matka by saying that one rupee will fetch eighty rupees in the public place. On apprehending accused No.1, in his voluntary statement, he has allegedly stated that accused No.2 was also involved in playing OC matka. Based on the said statement, the petitioner has been arraigned as accused No.2. 3. The petitioner primarily contends that the offence punishable under Section 78(3) of the Karnataka Police Act, 2021, is non-cognizable. Therefore, prior permission from the jurisdictional Magistrate is mandatory before conducting an investigation. On requisition sent by the police, the learned Magistrate has endorsed `permitted’. The endorsement `permitted’ on the requisition submitted by the police does not satisfy the requirement of Section 155(2) of Cr.PC, and such an endorsement cannot be equated with the word `order’, since the order means supported by reasons. The petitioner has been implicated on the basis of the confession statement of the co-accused. In the absence of any corroborative material to substantiate the allegation against the petitioner, the petitioner cannot be prosecuted only on - 3 - NC: 2025:KHC-D:3407 CRL.P No. 100426 of 2023 the basis of confession statement, which is inadmissible in law as stated under Section 25 of the Indian Evidence Act. 4. In such circumstances, the continuation of criminal proceedings would be an abuse of process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.2068/2022 pending on the file of the learned Civil Judge and JMFC, Navalgund, insofar as it relates to the petitioner – accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 2