- 1 - HC-KAR NC: 2025:KHC-D:10189 CRL.P No. 103139 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103139 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VASANT S/O VAMANASA PAWAR, AGE. 41 YEARS, OCC. CLOTH BUSINESS, R/AT. NEAR KAREMMA TEMPLE, BAKALE GALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, HUBBALLI TOWN POLICE STATION, HUBBALLI, REP/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, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.3/PETITIONER IN C.C. NO.1157/2022 PENDING BEFORE THE JMFC-I COURT, AT: HUBBALLI ARISING OUT OF HUBBALLI TOWN POLICE STATION CRIME NO.25 OF 2022 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:10189 CRL.P No. 103139 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 in C.C. No.1157/2022 pending before the Court of JMFC-I, Hubballi, arising out of Crime No.25/2022 registered by Hubballi Town Police Station, for the offence punishable under Section 78(3) of Karnataka Police Act, 1963, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. Perusal of the material placed on record would go to show that based on credible information received that accused Nos.1 and 2 were indulged in the illegal act of playing game of Matka, raid was conducted to the alleged spot and accused Nos.1 and 2 were apprehended and from their possession a sum of ₹16,540/- which was used to play the game of Matka was seized along with the articles which were utilized for the game of Matka and seized articles were subjected to panchanama and - 3 - HC-KAR NC: 2025:KHC-D:10189 CRL.P No. 103139 of 2025 thereafter, FIR was registered against accused Nos.1 and 2. 4. Petitioner’s name is not found in the FIR. It appears that that based on the confession statement of accused Nos.1 and 2, petitioner has been arraigned as accused No.3 in the charge sheet. Undisputedly, there is no seizure from the possession of the petitioner in the present case and on the basis of confession statement of accused Nos.1 and 2, he has been arraigned as accused No.3 in the present case. The FIR in the present case is registered for the offence punishable under Section 78(3) of Karnataka Police Act. After completing investigation, charge sheet has been filed against three persons. Undisputedly, the alleged offence is a non-cognizable offence and therefore, compliance of Section 152 of Cr.P.C. becomes necessary in the case. In case on hand, even before registration of FIR, the police have prepared panchanama under which the money and articles were recovered from with the accused at the spot of crime. The - 4 - HC-KAR NC: 2025:KHC-D:10189 CRL.P No. 103139 of 2025 said panchanama is a part of the charge sheet. Therefore, it is apparent that investigation has commenced even before registration of the FIR and therefore, impugned proceedings were gets in the present case. 5. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in C.C. No.1157/2022 pending before the Court of JMFC-I, Hubballi, arising out of Crime No.25/2022 registered by Hubballi Town Police Station, for the offence punishable under Section 78(3) of Karnataka Police Act, 1963, is hereby quashed as against the petitioner. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK, LIST NO.: 1 SL NO.: 42