- 1 - NC: 2025:KHC-D:151 CRL.P No. 101493 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. 101493 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. PRAKASH S/O JAYASINGH GADAGKAR @ GOULI, AGE: 41 YEARS, OCC: PRIVATE WORK, R/O: GANESH NAGAR, HALIYAL ROAD, DIST: DHARWAD-580 003. … 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-580 011. …RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.1/PETITIONER IN CC NO.990/2024 WHICH IS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, COURT, DHARWAD FOR THE OFFENCE P/U/SEC. 78(3) OF KP ACT AMENDMENT ACT 2021 (DHARWAD SUB-URBAN P.S. CRIME NO.06/2024), 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 Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:52 +0530 - 2 - NC: 2025:KHC-D:151 CRL.P No. 101493 of 2024 ORAL ORDER The petitioner, who is being prosecuted for the offence punishable under Section 78(3) of the Karnataka Police (Amendment) Act, 2021, has approached this Court seeking relief. 2. The prosecution’s case is that, upon receiving credible information that certain individuals were gambling, the complainant and his team conducted surveillance. Upon inspection, it was discovered that one person was collecting money from the public and issuing slips, while two others were inviting the public to participate in the game by offering one rupee and eighty paise. 3. The petitioner primarily contends that the offence punishable under Section 78(3) of the Karnataka Police Act, 2021, is non-cognizable. Therefore, prior permission from the jurisdictional Magistrate is mandatory before conducting an investigation. It is submitted that non-compliance with this mandatory provision vitiates the entire proceeding. 4. The learned Additional Government Advocate for the respondent-State argued that the charge sheet materials disclose the commission of the offence alleged against the petitioner (accused No. 1). It was further submitted that the veracity of the allegations can be assessed during the trial and need not be examined in this petition. - 3 - NC: 2025:KHC-D:151 CRL.P No. 101493 of 2024 5. The arguments advanced by the learned counsel for both parties have been duly considered. 6. It is an admitted fact that, before registering the FIR, the police conducted a search and seized incriminating materials from the accused. Since the alleged offence is non-cognizable, prior permission of the jurisdictional Magistrate was mandatory. 7. A coordinate Bench of this Court, in Vaggeppa Gurulinga Jangaligi vs. The State of Karnataka, through PSI, Kagwad Police Station, Belagavi (ILR 2020 KAR 630), held that Sections 155(1) and 155(2) of the Cr.P.C. clearly mandate that, upon receiving information regarding the commission of a non- cognizable offence, the Station House Officer (SHO) must first record the substance of the information in a book maintained for this purpose and then refer the informant to the Magistrate under Section 155(1). Once a requisition is submitted to the Magistrate, it is for the Magistrate to either grant permission to investigate or reject the requisition. 8. In the present case, the police sought permission to investigate only after conducting the investigation. Consequently, the registration of the FIR and the filing of the charge sheet stand vitiated due to non-compliance with the mandatory provisions contained in Sections 155(1) and 155(2) of the Cr.P.C. Accordingly, I pass the following: ORDER i) The petition is allowed. - 4 - NC: 2025:KHC-D:151 CRL.P No. 101493 of 2024 ii) The impugned proceedings in CC No.990/2024 pending on the file of the learned Principal Civil Judge and JMFC Court, Dharwad insofar as it relates to the petitioner – accused No.1 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 1 Sl No.: 49