- 1 - HC-KAR NC: 2025:KHC-D:11672 CRL.P No. 102494 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102494 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VIJAY @ VIJU NARAYAN DEVADIGA, AGE. 32 YEARS, OCC. BUSINESS, R/O. GIDAMAVINKATTI, YADALLI, TQ. SIRSI, DIST. UTTARA KANNADA, PIN-581 402. … PETITIONER (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BANAVASI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AS AGAINST THIS PETITIONER (ACCUSED NO.2) IN C.C. NO.58/2025 (ARISING OUT OF BANAVASI P.S. CR.NO.146/2024) AT ANNEXURE-C PENDING BEFORE LEARNED II ADDL. CIVIL JUDGE AND JMFC SIRSI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 78(III) OF KARNATAKA POLICE ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11672 CRL.P No. 102494 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.2 is before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.58/2025 pending before the Court of II Addl. Civil Judge & JMFC, Sirsi, arising out of Crime No.146/2024 registered by Banavasi Police Station, Uttara Kannada District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act'). 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that even before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama, which is impermissible. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition. - 3 - HC-KAR NC: 2025:KHC-D:11672 CRL.P No. 102494 of 2025 5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had seized the money that was used for the purpose of conducting matka. The other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.146/2024 was registered for the offence punishable under Section 78(3) of the K.P.Act. Before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.146/2024. 6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 174(2) of BNSS, 2023, becomes mandatory in the present case. The order passed under Section 174(2) of BNSS, 2023, is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in the case of VAGGEPPA - 4 - HC-KAR NC: 2025:KHC-D:11672 CRL.P No. 102494 of 2025 GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has observed that the order passed under Section 174(2) of BNSS, 2023, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 174(2) of BNSS, 2023, shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, the order passed under Section 174(2) of BNSS, 2023, does not indicate or specify the police officer who is required to investigate the case. In the present case, there is no material to show that the order passed under Section 174(2) of BNSS, 2023, is part of the order sheet. 7. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, the same would amount to abuse of process of law. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in C.C.No.58/2025 pending before the Court of II Addl. Civil Judge & JMFC, Sirsi, arising out of Crime No.146/2024 registered by - 5 - HC-KAR NC: 2025:KHC-D:11672 CRL.P No. 102494 of 2025 Banavasi Police Station, Uttara Kannada District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioner stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 2 SL NO.: 10