- 1 - NC: 2025:KHC-D:150 CRL.P No. 101248 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101248 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. HAVERI MANJAPPA S/O LATE BASAVANYAPPA, AGE: 47 YEARS, OCC: PRIVATE WORK, R/O: HOLALU VILLAGE, TQ: HADAGALI, DIST: VIJAYANAGAR-583 219. 2. SHRI. KANAVI RAJA S/O HANUMANTHAPPA, AGE: 30 YEARS, OCC: PRIVATE WORK, R/O: HARAVI, TQ: HADAGALI, DIST: VIJAYNAGAR-583 219. … PETITIONERS (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE INSPECTOR, HIREHADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.1 AND 2/PETITIONERS IN C.C. NO.1461/2023 WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HADAGALLI, FOR THE OFFENCE ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:09 +0530 - 2 - NC: 2025:KHC-D:150 CRL.P No. 101248 of 2024 PUNISHABLE U/S 78(3) OF KP ACT (HIREHADAGALI P.S. CRIME NO.156/2023), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (hereinafter referred to as “the Act”), are before this Court seeking to quash the criminal proceedings initiated against them. 2. The case of the prosecution is that upon receiving credible information that a person was conducting ‘matka’ (a form of illegal gambling) in a public place, offering returns of eighty rupees for every one rupee wagered, the police conducted a raid. During the raid, the police allegedly found the petitioners involved in the illegal activity, collecting money from the public and issuing ‘matka’ chits. It is further alleged that the money collected from the activity was recovered from accused No.2. Based on these allegations, a charge sheet was filed, and cognizance of the offence was taken by the Magistrate. The petitioners have challenged the cognizance of the offence in this petition. - 3 - NC: 2025:KHC-D:150 CRL.P No. 101248 of 2024 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 4. The offence alleged under Section 78(3) of the Karnataka Police Act is a non-cognizable offence. Section 155 of the Code of Criminal Procedure, 1973 (Cr.P.C.), governs the procedure for dealing with non-cognizable offences. Section 155(2) of the Cr.P.C. explicitly states that no police officer shall investigate a non-cognizable offence without the prior permission of a Magistrate having jurisdiction to try such a case or to commit the case for trial. 5. In the present case, the records reveal that the police conducted the raid and initiated an investigation into the alleged offence without obtaining prior permission from the Magistrate, as mandated under Section 155(2) of the Cr.P.C. It was only after conducting the raid and seizing the alleged material that the police sought and obtained the Magistrate’s approval to investigate the matter further. This sequence of events demonstrates a clear violation of the mandatory requirement under Section 155(2) of the Cr.P.C., which vitiates the entire proceedings. 6. It is a settled principle of law that mandatory provisions of the Cr.P.C. must be strictly adhered to in order to ensure the legitimacy of criminal proceedings. The failure to comply with Section 155(2) renders the investigation, and consequently the charge sheet, illegal and unsustainable in law. - 4 - NC: 2025:KHC-D:150 CRL.P No. 101248 of 2024 7. Furthermore, the Supreme Court and various High Courts have repeatedly held that non-compliance with procedural safeguards in cases involving non-cognizable offences amounts to an abuse of the process of law. The continuation of proceedings based on such an investigation would cause unnecessary harassment to the accused and would not serve the ends of justice. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.1461/2023 pending on the file of the Civil Judge & JMFC, Hadagali, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS List No.: 1 Sl No.: 47