- 1 - HC-KAR NC: 2025:KHC-D:11456 CRL.P No. 103217 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103217 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. GUJARI MANSUR S/O GUJARI HUSENI, AGE. 35 YEARS, OCC. BUSINESS MAN, R/O. 10TH WARD, BEHIND SIRUGUPPA TOWN, DIST. BALLARI-583 101. … PETITIONER (BY SRI. B.C. JNANAYYASWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY ITS SPP, HIGH COURT OF KARNATAKA BENCH, DHARWAD-580 001. (THROUGH SIRUGUPPA P.S.) … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.696/2020 LEARNED CIVIL JUDGE AND JMFC SIRUGUPPA (ARISING OUT OF CRIME NO.158/2020 REGISTERED SIRUGUPPA P.S.) FOR AN OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT-1963 BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS PETITIONER/ACCUSED NO.2 IS CONCERNED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11456 CRL.P No. 103217 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 is before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C. No.696 of 2020 pending before the Court of Civil Judge and JMFC, Siruguppa, arising out of Crime No.158 of 2020 registered by Siruguppa Police Station, Ballari District for offence punishable under Section 78(3) of the Karnataka Police Act, 1963. 2. Heard the learned counsel for petitioner and learned HCGP for respondent. 3. Perusal of the material on record would go to show that FIR in the present case was registered against Tayamma and the petitioner herein for the aforesaid offence based on the first information dated 27.08.2020 received from Kalikrishana E, Police Officer attached to Siruguppa Police Station. After completing investigation, charge sheet has been filed in the present case against accused Nos.1 and 2, who are named in the FIR. Assailing the criminal proceedings initiated against the - 3 - HC-KAR NC: 2025:KHC-D:11456 CRL.P No. 103217 of 2025 petitioner based on the charge sheet filed in Crime No.158 of 2020, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received at about 08:30 p.m. on 25.08.2020, a raid was conducted to the alleged spot where the accused persons were indulged in carrying on the illegal business of matka game and from the said spot, accused No.1 was apprehended and from his possession, cash amount of Rs.2,600/- and the other articles which were used for the purpose of conducting the illegal business of matka was seized under a panchanama and thereafter, a NCR case was registered, since the alleged offence is a non-cognizable offence. Thereafter, permission under Section 155(2) of Cr.P.C. was obtained from the Jurisdictional Magistrate and FIR was registered in the present case against accused Nos.1 and 2. Allegation against accused No.2 is that accused No.1 was collecting money from the public who were participating in the game of matka and was handing over the same to accused No.2. 5. Be that as it may, fact remains that alleged offence in the present case is a non-cognizable offence and therefore, - 4 - HC-KAR NC: 2025:KHC-D:11456 CRL.P No. 103217 of 2025 before registration of FIR or before carrying on any investigation in the case, compliance of Section 155(2) of Cr.P.C. which is pari materia of Section 174(2) of BNSS, 2023 becomes necessary. In the present case, on receipt of credible information, a raid was conducted to the alleged spot and after apprehending accused No.1, from her possession cash amount of Rs.2,600/- and other articles which were used by him for conducting the illegal game of matka was seized under a panchanama and thereafter, apprehended accused and the seized articles along with the panchanama were brought to the Police Station and a NCR case was registered. It is not in dispute that subsequently an order under Section 155(2) of Cr.P.C. has been passed in the present case by the Jurisdictional Magistrate. However, the fact remains that even before an order under Section 155(2) of Cr.P.C. was passed in the present case, the cash and other articles which were seized from accused No.1 from the spot of incident were subjected to panchanama, which is part of the charge sheet which is filed in the present case. Therefore, it is apparent that investigation had commenced in the present case even prior to any order being passed under Section 155(2) of Cr.P.C., which is not permissible. Under the circumstances, the entire proceedings - 5 - HC-KAR NC: 2025:KHC-D:11456 CRL.P No. 103217 of 2025 in the impugned criminal case gets vitiated. Therefore, continuation of the same amounts to abuse of process of law. Accordingly, the following: ORDER Criminal petition is allowed. The entire proceedings in C.C. No.696 of 2020 pending before the Court of Civil Judge and JMFC, Siruguppa, arising out of Crime No.158 of 2020 registered by Siruguppa Police Station, Ballari District for offence punishable under Section 78(3) of the Karnataka Police Act, 1963 against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 42