- 1 - HC-KAR NC: 2025:KHC-D:11357 CRL.P No. 103520 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103520 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: AMIT S/O PARSHURAMSA POOJARI, AGE. 31 YEARS, OCC. CLOTH BUSINESS, R/AT: JAVALGALLI, GADAG, TQ. GADAG, DIST. GADAG-582 101. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, GADAG CEN CRIME POLICE STATION, GADAG, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.2/PETITIONER IN GADAG CEN CRIME POLICE STATION CRIME NO.04 OF 2024 WHICH IS REGISTERED IN C.C. NO.1269/2024 ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC-I COURT, AT: GADAG, FOR THE OFFENCES PUNISHABLE UNDER SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF JUSTICE. 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:11357 CRL.P No. 103520 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused no.2 is before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.1269/2024 pending before the Court of I Addl. Civil Judge & JMFC-I, Gadag, arising out of Crime No.4/2024 registered by Gadag CEN Crime Police Station, Gadag, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act'). 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners submits that even before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama, which is impermissible. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader has opposed the petition. - 3 - HC-KAR NC: 2025:KHC-D:11357 CRL.P No. 103520 of 2025 5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had apprehended the accused persons along with the money that was used for the purpose of conducting matka. The other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, apprehended accused along with seized articles were brought to the police station and subsequently, the FIR in Crime No.4/2024 was registered for the offence punishable under Section 78(3) of the K.P.Act. 6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 174(2) of BNSS, 2023, becomes mandatory in the present case. Before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.4/2024. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, the same - 4 - HC-KAR NC: 2025:KHC-D:11357 CRL.P No. 103520 of 2025 would amount to abuse of process of law. Accordingly, the following order: 7. Petition is allowed. The entire proceedings in C.C.No.1269/2024 pending before the Court of I Addl. Civil Judge & JMFC-I, Gadag, arising out of Crime No.4/2024 registered by Gadag CEN Crime Police Station, Gadag, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioner stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 38