- 1 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102807 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. SRI VIJAY S/O. LACHAMAPPA RATHOD AGE 27 YEARS, OCC: AGRICULTURE, R/O. HALAVRTHI VILLAGE TQ. AND DIST: KOPPAL-583230. 2. SRI KRISHNAPPA S/O. LIMBANNA RATHOD AGE 39 YEARS, OCC: AGRICULTURE R/O. YALAMAGERI VILLAGE, TQ. AND DIST.: KOPPAL-583 231. 3. SRI MAHANTESH S/O. YANKAPPA RATHOD AGE 32 YEARS, OCC: AGRICULTURE R/O. YALAMAGERI VILLAGE, TQ. AND DIST.: KOPPAL-583 231. …PETITIONERS (BY SRI HANUMESH M. DESAI, ADVOCATE, FOR SRI NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA KOPPAL RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD - 580 001. …RESPONDENT (BY SRI ABHISHEK MALLIPATIL, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE ORDER DATED 06-01-2024 IN CRIMINAL CASE NO.50/2024 PASSED BY THE LEARNED ADDL. CIVIL JUDGE & JMFC, KOPPAL, FOR THE OFFENCE PUNISHABLE UNDER SECTION 87 OF KARNATAKA POLICE ACT, AND ALLOW THE ABOVE CRIMINAL PETITION AS AGAINST ACCUSED NO.2, 3 & 5 ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) This petition is filed by the petitioners/accused Nos.2, 3 and 5 under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), for quashing the proceedings in Criminal Case No.50 of 2024 for the offence punishable under Section 87 of the Karnataka Police Act, 1963 (for short, 'Act'), pending on the file of Additional Civil Judge and Judicial Magistrate First Class Court, Koppal. 2. The brief facts of the prosecution case are that on 05.09.2023 at 5.30 a.m., the Sub-Inspector of Police of respondent-Police Station received credible information that near Bandebasappa Gudda, Yalamangeri Village, some unknown persons have gathered and playing cards. Therefore, he secured two panchas and sub-staff, conducted raid at 6.45 a.m., arrested four accused persons, seized cash of Rs.5,200/- and 52 playing cards. Thus, the first informant lodged the complaint, which led - 3 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 to registration of First Information Report and investigation. 3. Taking exception to the same, the petitioners/accused Nos.2, 3 and 5 have filed this petition. 4. Heard Sri Hanumesh M. Desai, learned counsel for the petitioners, and Smt. Abhishek Mallipatil, learned High Court Government Pleader for the respondent-State. 5. Learned counsel for the petitioners has contended that the complaint is misconceived and the alleged offence is non-cognizable as per the Cr.P.C. Therefore, the Police have no authority to investigate the crime. Further, the Police have not complied with the mandatory requirements of Section 155 of the Cr.P.C. Learned counsel further contended that when the Officer-in-charge of the Police Station receives information regarding commission of non-cognizable offence, he shall enter the same in a book to be maintained by the said Officer and refer the informant to the Magistrate. - 4 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 Learned counsel further contended that as per Section 155(2) of the Cr.P.C., no Police Officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case, or commit such case for trial. But, in the present case, there is no iota of evidence to show that the above said requirements are complied with and there is no speaking order by the jurisdictional Magistrate permitting the Police to take up investigation. Therefore, the proceedings initiated against the petitioners in the charge-sheet are liable to be quashed. 6. Learned High Court Government Pleader has contended that the jurisdictional Magistrate has permitted the concerned Police Officer to take up investigation and therefore, there is compliance of Section 155(2) of the Cr.P.C. 7. It is not in dispute that the offence punishable under Section 87 of the Act is a non-cognizable offence. - 5 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 When the report is received by the Station House Officer of Police Station in respect of commission of non- cognizable offence, the Station House Officer has to follow the mandatory procedure prescribed under Section 155(1) and 155(2) of the Cr.P.C. 8. Section 155(1) and 155(2) of the Cr.P.C. read as under: “155. Information as to non-cognizable cases and investigation of such cases: (1) When information is given to an officer-in- charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. (2) No police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.” - 6 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 Therefore, in view of the aforesaid propositions of law, when the Station House Officer of the Police Station receives a report regarding commission of non-cognizable offence, it is his duty to enter the substance of information in the prescribed book and refer the informant to the Magistrate as required under Section 155(1) of the Cr.P.C. and thereafter, the jurisdictional Magistrate is required to pass order permitting the Police Officer to investigate the case as required under Section 155(2) of the Cr.P.C. Unless, the Police Officer is permitted by order of the jurisdictional Magistrate to investigate the non-cognizable offence, the Police Officer does not get jurisdiction to investigate the matter and file a final report or charge- sheet. 9. In view of the mandatory requirements stated in Section 155(1) and 155(2) of the Cr.P.C., the Station House Officer of Police Station has no authority, unless the jurisdictional Magistrate permits him for investigation of the non-cognizable offence. In the instant case, the Sub- - 7 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 Inspector of Police received information on 05.09.2023 at 5.30 a.m., conducted raid at 5.45 a.m. without permission, First Information Report was registered at 7.00 a.m. and permission from the jurisdictional Magistrate was secured at 9.30 a.m. on the same day. It shows that soon after initiation of the registration of First Information Report, the Investigating Officer secured permission from the jurisdictional Magistrate, which is contrary to the provisions of Section 155(1) and 155(2) of the Cr.P.C. Hence, the proceedings initiated against the petitioners/accused Nos.2, 3 and 5 requires to be quashed. 10. Accordingly, the Court proceeds to pass the following O R D E R i. Criminal petition is allowed, and ii. The proceedings initiated against the petitioners/accused Nos.2, 3 and 5 in Criminal Case Criminal Case No.50 of 2024 for the offence - 8 - HC-KAR NC: 2025:KHC-D:8123 CRL.P No. 102807 of 2024 punishable under Section 87 of the Karnataka Police Act, 1963, pending on the file of Additional Civil Judge and Judicial Magistrate First Class Court, Koppal, are quashed. iii. Pending IA’s, if any, stands disposed off. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 36