- 1 - HC-KAR NC: 2025:KHC-D:11479 CRL.P No. 103542 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103542 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: GOVINDA S/O LATE DURGAPPA, AGE. 35 YEARS, OCC. DRIVER, R/O. INDIRA NAGAR, BALLARI-583 201. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH THROUGH APMC YARD P.S. BALLARI, DHARWAD-580 001. … 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 IN CC NO.823/2025 PENDING BEFORE IIND ADDL. CIVIL JUDGE AND JMFC BALLARI (IN CONNECTION WITH CRIME NO.10/2025 OF APMC YARD PS BALLARI) FOR AN OFFENCES PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT 1963 BY ALLOWING THE CRIMINAL PETITION 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:11479 CRL.P No. 103542 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 is before this Court with a prayer to quash the entire proceedings in C.C.No.823/2025 pending before the Court of II Addl.Civil Judge and JMFC, Ballari arising out of Crime No.10/2025 registered by APMC Yard Police Station, Ballari for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondent. 3. Perusal of the material or record would go to show that FIR in the present case was registered against 9 persons for offence punishable under Section 78(3) of Karnataka Police Act. Petitioner is arraigned as accused no.3 in the FIR. After completing investigation, charge sheet has been filed in the present case for the aforesaid offence. Undisputedly, the offence alleged against the accused in the present case is non cognizable in nature and therefore compliance of Section 152 of Cr.P.C. becomes necessary. - 3 - HC-KAR NC: 2025:KHC-D:11479 CRL.P No. 103542 of 2025 4. In the present case, the order under Section 155(2) of Cr.P.C, which allegedly has been passed by the Jurisdictional Magistrate, does not find place in the order sheet of the trial Court, in which the further proceedings has been continued in the present case. 5. 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. 6. In addition to the same material on record would go to show that even prior to the registration of the FIR, the police have prepared a panchanama under which the cash and other articles which were used by the accused for conducting the illegal game of Matka were seized and the 1 ILR 2020 KAR 630 - 4 - HC-KAR NC: 2025:KHC-D:11479 CRL.P No. 103542 of 2025 said panchanama is part of the charge sheet filed in the present case. Therefore, it is apparent that investigation had commenced even prior to any order being passed under Section 155(2) of Cr.P.C., which is not permissible. 7. For the aforesaid reasons, impugned criminal proceedings is vitiated and therefore continuation of the same amounts to abuse of process of law. Accordingly, the following: ORDER The criminal petition is allowed and the entire proceedings in C.C.No.823/2025 pending before the Court of II Addl.Civil Judge and JMFC, Ballari arising out of Crime No.10/2025 registered by APMC Yard Police Station, Ballari stands quashed against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, VMB CT:BCK LIST NO.: 1 SL NO.: 50