- 1 - NC: 2025:KHC-D:2621 CRL.P No. 101813 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101813 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: ANAND, S/O. NEELAKANTHASA MEHERWADE, AGE. 36 YEARS, OCC. PHOTOGHAPHY, R/AT. NEKARNAGAR, BEHIND MANJUNATH HOTEL, OLD HUBBALLI, HUBBALLI-580024. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, OLD HUBBALLI POLICE STATION, HUBBALLI, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COGNIZANCE DATED 31/01/2024 AND ENTIRE PROCEEDING AGAINST THE ACCUSED NO.1/PETITIONER IN CC NO.118/2024 PENDING ON THE FILE OF THE 4TH ADDL. CIVIL JUDGE AND JMFC, AT HUBBALLI ARISING OUT OF OLD HUBBALLI POLICE STATION CRIME NO.13/2024 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 Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:45 +0530 - 2 - NC: 2025:KHC-D:2621 CRL.P No. 101813 of 2024 ORAL ORDER 1. The petitioner/accused No.1, who is facing trial for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, has approached this Court seeking to quash the criminal proceedings in C.C. No.118/2024, pending before the IV Additional Civil Judge and JMFC, Hubballi. 2. The prosecution alleges that on 18.01.2024, based on credible information regarding individuals engaged in OC matka betting on a public road, a raid was conducted, during which it was discovered that the petitioner/accused No.1, along with other accused persons, was collecting money from the public, while another person was writing chits. 3. The offence under Section 78(3) of the Karnataka Police Act is a non-cognizable offence. Therefore, before initiating an investigation, the police were required to obtain prior approval under Section 155(2) of the Code of Criminal Procedure, 1973. In the present case, the FIR was registered on 18.01.2024 at 10:10 p.m., whereas the order under Section 155(2) Cr.P.C. was obtained only at 10:54 p.m. Consequently, the investigation conducted before obtaining the mandatory approval stands vitiated, rendering the subsequent cognizance of the offence legally unsustainable. - 3 - NC: 2025:KHC-D:2621 CRL.P No. 101813 of 2024 4. In such circumstances, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.118/2024, pending before the IV Additional Civil Judge and JMFC, Hubballi, are hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 2 Sl No.: 3