- 1 - NC: 2025:KHC-D:1989 CRL.P No. 101491 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101491 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. PRAKASH S/O. JAYASINGH 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. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.2/PETITIONER IN CC NO.830/2017 WHICH IS PENDING ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC, COURT, DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTION 73(3) OF KP ACT (DHARWAD SUB-URBAN P.S. CRIME NO.31/2017). THIS PETITION, 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: 2025.02.05 12:54:35 +0530 - 2 - NC: 2025:KHC-D:1989 CRL.P No. 101491 of 2024 ORAL ORDER 1. The petitioner-accused, who is facing trial for the offense punishable under Section 78(3) of the Karnataka Police Act, has approached this Court. 2. The prosecution’s case is that on 13.02.2017, a raid was conducted, during which it was discovered that the petitioner was engaged in “Matka” gambling and collecting money in a public place. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The offense under Section 78 of the Karnataka Police Act is non-cognizable, and as per Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), the police were required to obtain prior permission from the learned Magistrate before conducting an investigation. 5. In the present case, the police conducted the investigation and submitted the charge sheet without obtaining the mandatory approval under Section 155(2) of Cr.P.C. Therefore, the trial stands vitiated due to non-compliance with the mandatory provisions of Section 155(2) of Cr.P.C. 6. Accordingly, I pass the following order: ORDER i) The Criminal Petition is allowed. - 3 - NC: 2025:KHC-D:1989 CRL.P No. 101491 of 2024 ii) The impugned proceedings in C.C.No.830/2017 on the file of the Principal Civil Judge and JMFC Court, Dharwad, insofar it relates to petitioner-accused No.2 herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:VH List No.: 2 Sl No.: 20