- 1 - HC-KAR NC: 2025:KHC-D:11904 CRL.P No. 103220 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103220 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SHARMAS S/O HUSAINISAB, AGE. 35 YEARS, OCC. BUSINESSMAN, R/O. 10TH WARD, BEHIND SIRUGUPPA TOWN, DIST. BALLARI-583 101. … PETITIONER (BY SRI. C.S. SWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY ITS SPP, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580 001. (THROUGH SIRUGUPPA P.S.) … 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 C.C. NO.169/2021 LEARNED CIVIL JUDGE AND JMFC SIRUGUPPA (ARISING OUT OF CRIME NO.06/2021 REGISTERED SIRUGUPPA P.S.) FOR AN OFFENCE PUNISHABLE UNDER SECTION 78(3) OF KARNATAKA POLICE ACT-1963 BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS PETITIONER/ACCUSED NO.2 IS CONCERNED. 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:11904 CRL.P No. 103220 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 in C.C. No.169/2021 pending before the Court of Civil Judge & JMFC, Siruguppa, arising out of Crime No.6/2021 registered by Siruguppa Police Station, for the offence punishable under Section 78(3) of Karnataka Police Act 1963, is before this Court under Section 482 of Cr.P.C. 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 on record would go to show that FIR in the present case was registered against accused No.1-Nagesh for the aforesaid offence which is undisputedly a non-cognizable offence. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.2 in the charge sheet. - 3 - HC-KAR NC: 2025:KHC-D:11904 CRL.P No. 103220 of 2025 4. Perusal of the charge sheet would go to show that solely based on the statement of accused No.1 that money collected by him from the subscribers of Matka chits was being handed over by him to the petitioner herein, the petitioner is arraigned as accused No.2. 5. Perusal of the first information would go to show that based on the credible information received, the first informant who is a police officer along with staff had raided the alleged spot where a person was conducting the illegal game of Matka at about 4.30 pm on 07.01.2021 and after apprehending the said person who is arraigned as accused No.1 in the present case, a sum of Rs.2,300/- in cash and the articles which were used by accused No.1 for the purpose of conducting the illegal game of Matka were seized and subjected to panchanama and thereafter, he was brought to the police station and subsequently, FIR was registered. Aforesaid Panchanama is found to be a part of charge sheet filed in present case. Therefore, it is apparent that investigation of the case had commenced prior to - 4 - HC-KAR NC: 2025:KHC-D:11904 CRL.P No. 103220 of 2025 registration of FIR and even prior to any permission being granted under Section 155(2) of Cr.P.C. in the present case. 6. Therefore, I am of the opinion that impugned proceedings gets vitiated. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in CC No.169/2021 pending before the Court of Civil Judge & JMFC, Siruguppa, arising out of Crime No.6/2021 registered by Siruguppa Police Station, for the offences punishable under Section 78(3) of Karnataka Police Act 1963is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 57