- 1 - NC: 2025:KHC-D:672 CRL.P No. 101486 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101486 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. PRAKASH S/O. JANGLI @ JAISINGH GADAGWALE @ GADAGKAR @ 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, DHARWAD REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO, QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST ACCUSED NO.1/PETITIONER IN CC NO.257/2021 WHICH IS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, COURT, DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KP ACT (DHARWAD SUB-URBAN P.S. CRIME NO.186/2020), IN THE INTEREST OF JUSTICE AND EQUITY. 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: 2025.01.21 09:48:51 +0530 - 2 - NC: 2025:KHC-D:672 CRL.P No. 101486 of 2024 ORAL ORDER 1. The petitioner has been charge-sheeted for the offences punishable under Section 78(3) of the Karnataka Police Act, 1963 (KP Act). 2. The prosecution’s case is that, on receiving credible information that 2-3 persons were shouting in a public place, offering to give 80 rupees for every 1 rupee, the police conducted a raid and discovered that the petitioners were collecting money from the public and recovered matka chits. The offences alleged against the petitioners are cognizable, and the police, before conducting the enquiry, obtained an order under Section 155(2) of Cr.P.C. Therefore, the requirement of Section 155(2) of Cr.P.C. has been duly complied with. I do not find any error or illegality to interfere with the cognizance taken by the learned Magistrate. 3. Accordingly, the petition is dismissed as devoid of merit, reserving liberty to the petitioner to urge all the grounds available in law before the trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 8