- 1 - HC-KAR NC: 2025:KHC-D:10288 CRL.P No. 103168 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103168 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. GAFUR S. S/O HUSEN SAB, AGE. 48 YEARS, OCC. BUSINESSMAN, R/O. BICHUGATTI ONI, 20TH WARD, HADAGALI TOWN, TQ. HADAGALI-583 219, DIST. VIJAYANAGARA. … PETITIONER (BY SRI. BASAVARAJ N. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY ITS SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001, (THROUGH SUB URBAN P.S. DHARWAD). … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.851/2025 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC COURT, HOOVINA HADAGALI, BALLARI (ARISING OUT OF CRIME NO.69/2025 REGISTERED BY HADAGALI P.S.) FOR AN OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 BY ALLOWING THIS CRIMINAL PETITION IN SO FOR AS THIS PETITIONER IS CONCERNED. 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:10288 CRL.P No. 103168 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court with a prayer to quash the entire proceedings in C.C. No.851/2025 pending before the Court of Civil Judge and JMFC, Hoovina Hadagalli, Ballari arising out of Crime No.69/2025 registered by Hadagali Police Station, Vijayanagara District for offence punishable under Section 78(3) of Karnataka Police Act. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that investigation in the present case had commenced without obtaining any permission under Section 155(2) of Cr.P.C., which is mandatory since FIR is registered for offence punishable under Section 78(3) of Karnataka Police Act, which is non-cognizable in nature. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition and does not dispute the submission made by learned counsel for the petitioner. - 3 - HC-KAR NC: 2025:KHC-D:10288 CRL.P No. 103168 of 2025 5. Perusal of the material on record would go to show that based on credible information received, first informant along with his staff had conducted a raid to the alleged spot where the accused was conducting the illegal game of matka and had apprehended the accused – petitioner. From the possession of the petitioner, a sum of Rs.1,170/- and other articles which were used for the purpose of conducting the game of matka were recovered and seized under the panchanama and thereafter, FIR was registered against the petitioner. The panchanama is found to be a part of the charge sheet. Therefore, it is apparent that even before registration of the FIR and obtaining permission under Section 155(2) of Cr.P.C., investigation was conducted in the present case which is not permissible in law. Under the circumstances, the entire proceeding gets vitiated and continuation of the same as against the petitioner would amount to abuse of process of law. Accordingly, the following: ORDER Criminal petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:10288 CRL.P No. 103168 of 2025 The entire proceedings in C.C. No.851/2025 pending before the Court of Civil Judge and JMFC, Hoovina Hadagalli, Ballari arising out of Crime No.69/2025 registered by Hadagali Police Station, Vijayanagara District for offence punishable under Section 78(3) of Karnataka Police Act against the petitioner herein is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 55