- 1 - NC: 2025:KHC-D:3195 CRL.P No. 101480 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101480 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. PRAKASH S/O. JAISINGH GOULI AGE. 41 YEARS, OCC. PRIVATE WORK, R/O. GANESH NAGAR, HALIYAL ROAD, DIST. DHARWAD-580003. …PETITIONER (BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH POLICE INSPECTOR, DHARWAD SUB-URBAN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CRPC SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST PETITIONER/ACCUSED NO.2 IN CC NO.916/2017 WHICH IS PENDIG ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KP ACT (DHARWAD SUB-URBAN PS CRIME NO. 210/2016). 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: 2025.02.20 16:40:15 +0530 - 2 - NC: 2025:KHC-D:3195 CRL.P No. 101480 of 2024 ORAL ORDER 1. The petitioner/accused No. 2, charged under Section 78(3) of the Karnataka Police Act, seeks relief before the Court. 2. The prosecution alleges that on 02.09.2016, a raid was conducted based on credible information, revealing that accused Nos. 1 and 2 were operating a Mataka (gambling) scheme in a public place, collecting money from the public with the promise of returns. 3. Section 78 of the Karnataka Police Act is a non- cognizable offence, which requires the police to obtain prior permission from the Jurisdictional Magistrate before conducting an investigation, as per Section 155(2) of the Criminal Procedure Code (Cr.P.C.). However, the endorsement permitting the investigation in this case did not meet the requirements of Section 155(2) Cr.P.C., as no reasons were recorded for granting the permission. 4. Due to the failure to comply with Section 155(2), the investigation and subsequent cognizance of the offence stands vitiated. Therefore, continuing with the criminal proceedings will be an abuse of the legal process. ORDER i. Accordingly, petition is allowed. - 3 - NC: 2025:KHC-D:3195 CRL.P No. 101480 of 2024 ii. The impugned proceedings in C.C.No.916/2017 on the file of Prl. Civil Judge and JMFC Court, Dharawad, insofar it relates to accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 2 Sl No.: 2