- 1 - NC: 2025:KHC-D:1988 CRL.P No. 101490 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. 101490 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. PRAKASH S/O. JANGLI @ JAISINGH GADAGWALE @ 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. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED/PETITIONER IN C.C.NO.1318/2020 WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT, DHARWAD, FOR THE OFFENCES P/U/S 78(3) OF K.P ACT (DHARWAD SUB-URBAN P.S. CRIME NO.106/2020). 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:1988 CRL.P No. 101490 of 2024 ORAL ORDER 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 25.08.2020, the petitioner-accused, with the intent of organizing an unlawful game, invited the public and was found playing “Matka” gambling and collecting money from the general public. 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. In the present case, the raid was conducted on 25.08.2020, while the requisition to obtain permission under Section 155(2) of Cr.P.C. was sent only on 26.08.2020, and the learned Magistrate granted permission on the same day (26.08.2020). 5. Since the investigation was initiated prior to obtaining the mandatory approval under Section 155(2) of - 3 - NC: 2025:KHC-D:1988 CRL.P No. 101490 of 2024 Cr.P.C., the entire investigation, culminating in the filing of the charge sheet, stands vitiated due to non-compliance with the mandatory procedural requirement. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed. ii) The impugned proceedings in C.C.No.1318/2020 on the file of the Principal Civil Judge and JMFC Court, Dharwad, insofar it relates to petitioner-accused herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:VH List No.: 2 Sl No.: 19