- 1 - NC: 2025:KHC-D:2737 CRL.P No. 100657 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100657 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. PRAKASH SHRIPAD HEGDE AGE. 41 YEARS, OCC. AGRICULTURE, NOW AT R/O. SAMPEKATTU VANALLI , SIRSI-581402, GONASAR, SIRSI, UTTARA KANNADA, R/O. BRAMINI VANALLI. 2. SHRI. GANAPATI ANANT NAIK AGE. 50 YEARS, OCC. BUSINESS /PAN SHOP, R/O. RAYARAPETE, SIRSI-581402. …PETITIONERS (BY SRI. SOURABH HEGDE, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SIRSI TOWN PS, SIRSI-581401. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE CHARGE-SHEET DATED 14.07.2022 IN CRIME NO. 55/2022 REGISTERED WITH THE SIRSI TOWN PS FOR THE OFFENCES P/U/SEC. 78(3) OF K.P.ACT AND ENTER PROCEEDINGS IN C.C.NO. 38/2023 PENDING BEFOR THE PRL. JMFC, SIRSI, FOR THE OFFENCES P/US/EC. 78(3) OF THE K.P.ACT AGAINST PETITIONERS/A1 AND A2. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:27 +0530 - 2 - NC: 2025:KHC-D:2737 CRL.P No. 100657 of 2025 ORAL ORDER The learned Additional Government Advocate accepts notice on behalf of the respondent – State. 2. The petitioners/accused, who are facing trial for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, have approached this Court seeking relief. 3. The prosecution alleges that on 02.06.2022, upon receiving credible information, a raid was conducted, during which it was discovered that the petitioners/accused were playing matka and inviting the public to participate in the game. The petitioners were apprehended, and equipment, chits, and cash were recovered. The offence punishable under Section 78(3) of the Karnataka Police Act is non-cognizable. Therefore, before conducting an investigation, the police were required to obtain prior permission under Section 155(2) of the Code of Criminal Procedure (Cr.P.C.). 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1 – State. 5. A perusal of the requisition sent by the police indicates that the learned Magistrate merely endorsed “permitted” on the requisition, which does not constitute a valid order as required under Section 155(2) of the Cr.P.C. 6. Section 155(2) of the Cr.P.C. explicitly provides that no police officer shall investigate a non-cognizable offence without the - 3 - NC: 2025:KHC-D:2737 CRL.P No. 100657 of 2025 order of a Magistrate having the power to try such a case or commit it for trial. The requirement of passing an order permitting the police officer to investigate a non-cognizable offence is a crucial procedural safeguard. The phrase “without the order of the Magistrate” in Section 155(2) of the Cr.P.C. makes it abundantly clear that the Magistrate must pass a reasoned order rather than merely endorsing the requisition. 7. Therefore, the endorsement “permitted” does not fulfill the mandatory requirement of Section 155(2) of the Cr.P.C., thereby vitiating the cognizance taken by the learned Magistrate of the said offence. 8. In these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in C.C.No.38/2023 pending on the file of the Prl. JMFC, Sirsi, insofar as it relates to the petitioners – accused Nos.1 and 2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 43