- 1 - HC-KAR NC: 2025:KHC-D:11285 CRL.P No. 100627 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100627 OF 2023 (482(Cr.PC)/528(BNSS) BETWEEN: PARASHURAM ANANTPUR AGE: 40 YEARS, OCC: LABOURER, R/O. KASAYI GALLI, KADDA, BELAGAVI. …PETITIONER (BY SRI SHARAD M. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA UDYAMBAG POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED BY THE UDYAMBAG POLICE STATION UNDER CR.NO. 14/2023 FOR THE OFFENCES PUNISHABLE U/SEC. 78(3) OF K.P. ACT WHICH IS PENDING ON THE FILE OF JMFC IV BELAGAVI IN NCR NO. 03/2023 AGAINST ACCUSED NO.3/ PETITIONER. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11285 CRL.P No. 100627 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.2084/2023 pending before the Court of JMFC-IV, Belagavi, arising out of Crime No.14/2023 registered by Udyambag Police Station, Belagavi City, 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 petitioner 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:11285 CRL.P No. 100627 of 2023 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 seized the money that was used for the purpose of conducting matka. The seized articles were subjected to panchanama and thereafter, were brought to the police station and after obtaining permission under Section 155(2) of Cr.PC from the jurisdictional Magistrate, FIR in Crime No.14/2023 was registered for the offence punishable under Section 78(3) of the K.P.Act. 6. Undisputedly, the offence for which the FIR has been registered is a non-cognizable offence. Even prior to obtaining permission as required under Section 155(2) of Cr.PC., the raid was conducted in the present case by the first informant along with other police staff and certain articles and cash which was used for conducting Matka was also seized and subjected to panchanama. The said panchanama is part of the charge sheet, which is filed in the present case. Therefore, it is apparent that the investigation had commenced in the present case even before registration of FIR. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, - 4 - HC-KAR NC: 2025:KHC-D:11285 CRL.P No. 100627 of 2023 the same would amount to abuse of process of law. Accordingly, the following order: 7. Petition is allowed. The entire proceedings in C.C.No.2084/2023 pending before the Court of JMFC-IV, Belagavi, arising out of Crime No.14/2023 registered by Udyambag Police Station, Belagavi City, 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:GSM List No.: 2 Sl No.: 4