- 1 - NC: 2025:KHC-D:3278 CRL.P No. 101814 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101814 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. GOVIND S/O. RAMASA KALBURGI AGE. 54 YEARS, OCC. PRIVATE WORK, R/AT. GAVI ONI KAMARIPETH, HUBBALLI-580 020. 2. KIRAN S/O. SHYAMSUNDAR GUJJAR AGE. 46 YEARS, OCC. PRIVATE WORK, R/AT. PATHAR PHOD GALLI, BANDIWAD BES, HUBBALLI-580 020. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA GOKUL ROAD POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COGNIZANCE DATED 14/06/2022 AND ENTIRE PROCEEDING AGAINST THE ACCUSED NO.1 AND 2/PETITIONERS IN CC NO.1238/2022 PENDING ON THE FILE OF THE JMFC III COURT, AT. HUBBALLI, ARISING OUT OF GOKUL ROAD POLICE STATION CRIME NO.48/2022 FOR THE OFFENCES P/U/S 78(3) OF KARNATAKA POLICE ACT, 1963. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:17 +0530 - 2 - NC: 2025:KHC-D:3278 CRL.P No. 101814 of 2024 ORAL ORDER 1. The petitioners/accused Nos. 1 and 2 have been charge-sheeted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963. 2. The prosecution alleges that on 14.05.2022, credible information was received that some unknown persons were playing OC matka near Gokul Road, New Bus Stand Out Gate, Hubballi. Acting on this information, the complainant, along with his staff, conducted a raid at the said location and allegedly found the petitioners involved in playing matka. During the raid, petitioners/accused Nos. 1 and 2 were apprehended, and a sum of ₹1,130, one pen, and OC chits were recovered. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 4. The offence under Section 78 of the Karnataka Police Act, 1963 is non-cognizable. As per Section 155 of the Code of Criminal Procedure, 1973 (Cr.P.C.), prior permission from the Magistrate is mandatory before conducting any search, seizure, or arrest. 5. In the present case, no such permission was obtained by the police before carrying out the search, seizure, and arrest of the accused. The learned Magistrate, relying on the final report, took cognizance of the aforesaid offence. Consequently, the investigation culminating in taking cognizance is vitiated by non- compliance with the mandatory procedural requirements. In such - 3 - NC: 2025:KHC-D:3278 CRL.P No. 101814 of 2024 circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 1238/2022 pending before the JMFC-III Court, Hubballi, are hereby quashed. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 4