- 1 - HC-KAR NC: 2025:KHC-D:10287 CRL.P No. 103157 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. 103157 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VASANT S/O VASUDEVSA PAWAR, AGE. 39 YEARS, OCC. BUSINESS, R/AT. BAKALE GALLI, GANESHA PETE, TQ. HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. GOURISHANKAR 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 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 COGNIZANCE DATED 08/02/2021 AND FURTHER PROCEEDINGS AGAINST THE ACCUSED NO.6/PETITIONER IN C.C. NO.409/2021 PENDING BEFORE THE 4TH ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT HUBBALLI ARISING OUT OF OLD HUBBALLI POLICE STATION CRIME NO.109 OF 2020 FOR THE OFFENCES 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: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10287 CRL.P No. 103157 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.409/2021 pending before the Court of IV Additional Civil Judge and JMFC, Hubballi arising out of Crime No.109/2020 registered by Old Hubballi Police Station, Hubballi Dharwad 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:10287 CRL.P No. 103157 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.540/- and a mobile phone which was 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:10287 CRL.P No. 103157 of 2025 The entire proceedings in C.C. No.409/2021 pending before the Court of IV Additional Civil Judge and JMFC, Hubballi arising out of Crime No.109/2020 registered by Old Hubballi Police Station, Hubballi Dharwad 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.: 49