- 1 - HC-KAR NC: 2025:KHC-D:11302 CRL.P No. 101520 of 2025 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. 101520 OF 2025 (482(Cr.PC)/528(BNSS) BETWEEN: 1. ATUL S/O LAXMAN DHALABANJAN AGE: 35 YEARS, OCC: BUSINESS R/AT CHINDI ONI, BAMMAPUR ONI, HUBBALI, TQ: HUBBALLI, DIST: DHARWAD-580 020. 2. VISHWANATH S/O JAGANATH MISKIN AGE: 33 YEARS, OCC: LABOURER, R/AT OPPOSITE 6 NO SCHOOL, KAMARIPETH, TQ. HUBBALLI, DIST: DHARWAD-580 020. 3. VINAYAK S/O DATTUSA DHALABANJAN AGE: 42 YEARS, OCC: BUSINESS, R/AT OPPOSITE 6 NO SCHOOL, KAMARIPETH, TQ: HUBBALLI, DIST: DHARWAD-580 020. …PETITIONERS (BY SRI GOURI SHANKAR 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 U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE COGNIZANCE DATED 27.01.2025 AND FURTHER PROCEEDING AGAINST THE ACCUSED NO. 1 TO 3/PETITIONERS IN C.C.NO. 327/2025 PENDING ON THE FILE OF COURT OF 4TH ADDITIONAL CIVIL JUDGE AND JMFC, AT HUBBALLI ARISING OUT OF OLD HUBBALLI POLICE STATION CRIME NO. 188/2024 FOR THE OFFENCE PUNISHABLE U/SEC. 78 (3) OF KARNATAKA POLICE ACT 1963. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11302 CRL.P No. 101520 of 2025 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 nos.1 to 3 are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in C.C.No.327/2025 pending before the Court of IV Addl. Civil Judge & JMFC, Hubballi, arising out of Crime No.188/2024 registered by Old Hubballi Police Station, Hubballi Dharwad, 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 petitioners 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:11302 CRL.P No. 101520 of 2025 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 apprehended the accused persons along with the money that was used for the purpose of conducting matka. The other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, apprehended accused along with seized articles were brought to the police station and subsequently, the FIR in Crime No.188/2024 was registered for the offence punishable under Section 78(3) of the K.P.Act. 6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 174(2) of BNSS, 2023, becomes mandatory in the present case. 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. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.188/2024. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, the same - 4 - HC-KAR NC: 2025:KHC-D:11302 CRL.P No. 101520 of 2025 would amount to abuse of process of law. Accordingly, the following order: 7. Petition is allowed. The entire proceedings in C.C.No.327/2025 pending before the Court of IV Addl. Civil Judge & JMFC, Hubballi, arising out of Crime No.188/2024 registered by Old Hubballi Police Station, Hubballi Dharwad, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioners stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:GSM List No.: 2 Sl No.: 23