Karnataka High Court
Kumarswamy S/O Basayya Hiremath vs The State Of Karnataka on 9 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11668
CRL.P No. 102302 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102302 OF 2024
(482(CR.PC)/528(BNSS))
BETWEEN:
KUMARSWAMY S/O BASAYYA HIREMATH,
AGE. 40 YEARS, OCC. BUSINESSMAN,
R/O. KEDEKOPPA VILLAGE, TQ. KUSHTAGI,
KOPPAL, PIN CODE.
... PETITIONER
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH KUSHTAGI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally
signed by
RAKESH S
HIGH COURT OF KARNATAKA, BENCH,
RAKESH HARIHAR
S Location:
HIGH
AT: DHARWAD-580 011.
HARIHAR COURT OF
KARNATAKA
DHARWAD
... RESPONDENT
BENCH
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE FURTHER
PROCEEDINGS CC NO.559/2020, REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 78(3) THE KARNATAKA
POLICE ACT, 1963 PENDING ON THE FILE OF THE LEARNED PRL.
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CRL.P No. 102302 of 2024
HC-KAR
CIVIL JUDGE AND JMFC, KUSHTAGI IN SO FAR AS
PETITIONER/ACCUSED NO.1 IS CONCERNED, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused no.1 is before this Court under Section 482 of Cr.PC, with a prayer to quash the entire proceedings in C.C.No.559/2020 pending before the Court of Prl. Civil Judge & JMFC, Kushtagi, arising out of Crime No.128/2022 registered by Kushtagi Police Station, Koppal District, 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 -3- NC: 2025:KHC-D:11668 CRL.P No. 102302 of 2024 HC-KAR 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.
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 other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.128/2020 was registered for the offence punishable under Section 78(3) of the K.P.Act. 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.128/2020.
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6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 155(2) of Cr.PC, becomes mandatory in the present case. The order passed under Section 155(2) of Cr.PC, is not part of the order sheet maintained by the Trial Court in the present case. The coordinate bench of this Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has observed that the order passed under Section 155(2) of Cr.PC, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 155(2) of Cr.PC shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, there is no material to show that the order passed under Section 155(2) of Cr.PC, is part of the order sheet.
7. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, the same would amount to abuse of process of law. Accordingly, the following order:
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8. Petition is allowed. The entire proceedings in C.C.No.559/2020 pending before the Court of Prl. Civil Judge & JMFC, Kushtagi, arising out of Crime No.128/2022 registered by Kushtagi Police Station, Koppal District, 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:BCK LIST NO.: 2 SL NO.: 5