- 1 - HC-KAR NC: 2025:KHC-D:9500 CRL.P No. 101834 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101834 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: KIRAN S/O SHYAMSUNDAR GUJJAR, AGE: 46 YEARS, OCC: TAILOR, R/AT: MAYUR ESTATE, H.NO.61, BEHIND KALBURGI APARTMENT, HUBBALLI-580 023. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KESHWAPUR POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COGNIZANCE DATED 14.09.2021 AND FURTHER PROCEEDING AGAINST THE SOLE ACCUSED/PETITIONER IN C.C. NO.2471/2021 PENDING ON THE FILE OF THE JMFC II COURT, AT: HUBBALLI ARISING OUT OF KESHWAPUR POLICE STATION CRIME NO.85 OF 2021 FOR THE OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9500 CRL.P No. 101834 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.2471/2021 pending before the JMFC-II Court, Hubballi arising out of Crime No.85 of 2021 registered for the offence punishable under Section 78 of the Karnataka Police Act, 1963. 2. Learned Counsel for the petitioner submits that the investigation of the case in the present case is commenced even prior to the Investigation Officer obtaining a permission as required under Section 155(2) of Cr.P.C. Therefore, the entire proceeding gets vitiated. 3. Learned HCGP who has opposed the prayer, however, does not dispute the submission made by the learned counsel for the petitioner. 4. A perusal of the material on record would go show that on 29.07.2021 at about 15 hours, when the first - 3 - HC-KAR NC: 2025:KHC-D:9500 CRL.P No. 101834 of 2024 informant was on patrolling duty, he received credible information that a person was conducting the illegal business of Mataka and on receipt of such information, he had proceeded to the said spot and apprehended the petitioner and from his possession, the articles used for conducting the game of Mataka and also a sum of ₹.49,500/- was recovered and seized under a panchanama. 5. Learned Magistrate on 29.07.2021 passed an order under Section 155(2) of the Cr.P.C. granting permission to the Investigation Officer to investigate the case for non-cognizable offence and to file the charge sheet before the Court. Learned counsel for the petitioner has made available to this Court the certified copy of the order sheet in C.C. No.2471 of 2021 that arise out of a Crime No.85 of 2021. 6. A perusal of the said order sheet would go to show that the order said to have been passed by the - 4 - HC-KAR NC: 2025:KHC-D:9500 CRL.P No. 101834 of 2024 learned Magistrate on 29.07.2021, according permission to the Investigation Officer as provided under Section 155(2) of the Cr.P.C. is not part of the order sheet maintained in the present petition. The Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi1 has observed that, any order passed by the Jurisdictional Magistrate under Section 155(2) of the Cr.P.C. should find place in the order sheet maintained by the Court in the said case. 7. In the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) (Supra), it is observed as follows: “ii) When the requisition is submitted by the informant to the Jurisdictional Magistrate, he should make an endorsement on it as to how it was received, either by post or by Muddam and direct the office to place it before him with a separate order sheet. No order should be passed on the 1 ILR 2020 KAR 630 - 5 - HC-KAR NC: 2025:KHC-D:9500 CRL.P No. 101834 of 2024 requisition itself. The said order sheet should be continued for further proceedings in the case.” 8. In the present case, the order said to have been passed by the learned Magistrate in exercise of its power under Section 155(2) of the Cr.P.C. on 29.07.2021 is not found in the order sheet maintained in the present case and in this short ground alone, the impugned proceedings needs to be quashed. Accordingly, the following: ORDER The criminal petition is allowed and the entire proceedings in C.C. No.2471/2021 pending on the file of JMFC-II Court, Hubballi stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 51