Karnataka High Court
Friends Recreation Club vs Director General And Inspector General ... on 25 January, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE H.P.SANDESH
WRIT PETITION NO.1422 OF 2021 (GM - RES)
BETWEEN:
1. Friends Recreation Club,
Giraguru Village, Mysuru District,
Karnataka - 571 610.
(Represented by its President
Mr. Shivaprakash).
2. Mr. Arun Rao,
S/o Mr. Rajarao,
Aged about 33 years,
Kudige Village,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
3. Mr. Harish,
S/o Mr. Annegowda,
Aged about 38 years,
House No.317,
Gummanakolli, Kushalanagara,
Somawarapete Tq Kodagu,
Karnataka - 571 235.
4. Mr. Virupaksha,
S/o Mr. Shivappachari,
Aged about 47 years,
Kanive Village,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
2
5. Mr. Chandrashekar,
S/o Mr. Nagaraju,
Aged about 34 years,
Madlapura Village,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
6. Mr. Anil Kumara,
S/o Ayyappa,
Aged about 45 years,
Mulluru Village,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
7. Mr. Ganesha,
S/o Veerabhadrappa,
Aged about 43 years,
Kudgie Village,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
8. Mr. Mamathesha Bhat,
S/o Ramchandra Bhat,
Aged about 38 years,
Gummankaolli,
Kushal Nagara Town,
Somawarapete Tq Kodagu,
Karnataka - 571 232.
9. Mr. Doremani,
S/o Mandanna,
Aged about 37 years,
Badaga Village,
College Post, Madikeri Town,
Madikeri Tq Kodagu,
Karnataka - 571 247.
3
10. Mr. Shivaiah,
S/o Naniyappa,
Aged about 37 years,
Kaluru Village,
Madikeri Tq Kodagu,
Karnataka - 571 247.
11. Mr. Nagesha,
S/o Hombalaiah,
Aged about 36 years,
Kadagadalu Village,
Madikeri Tq Kodagu,
Karnataka - 571 247.
12. Mr. Aslama,
S/o Mr. Abdul Lathif,
Aged about 34 years,
Koppa Village,
Periya Patna, Mysuru District,
Karnataka - 571 104.
13. Mr. Krishnamurthi,
S/o late Mr. Hucchegowda,
Aged about 56 years,
Ragupathi, Koppal,
Ramanathapura Hobali,
Arakalgud Tq ,
Hassan, Karnataka - 573 133.
14. Mr. Ravi,
S/o Mr. Appuni,
Aged about 47 years,
Bychanahalli,
Kushal Nagara Town,
Somawarapete,
Tq Kodagu, Karnataka - 251 234.
4
15. Mr. Devaraju,
S/o Mr. Thimmaiah,
Aged about 47 years,
Koppa Village,
Periya Patna Tq, Mysuru District.
Karnataka - 571 104.
16. Mr. Ramesha,
S/o Mr. Kalegowda,
Aged about 41 years,
Avarthi Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
17. Mr. Mahadeva Nayaka,
S/o Mr. Basavan Nayaka,
Aged about 55 years,
Thirumalapura Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
18. Mr. Mahesh,
S/o Mr. Venkatesha,
Aged about 25 years,
Guddenahalli Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
19. Mr. Thirupathi,
S/o Mani,
Aged about 44 years,
Bylakuppe Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
20. Mr. Harisha,
S/o Chennappa,
Aged about 35 years,
5
Thirumalapura Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
21. Mr. Manjunatha,
S/o Kashinatha,
Aged about 32 years,
Bylakuppe Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
22. Mr. Raghavendra,
S/o Late Basavalingappa,
Aged about 39 years,
Kudlur Village, Somawara Pete Tq,
Kodagu, Karnataka - 574 232.
23. Mr. Syed Hanif,
S/o Nazeer Ahmed,
Aged about 42 years,
Koppa Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
24. Mr. Bharath,
S/o Manu,
Aged about 28 years,
Guddenahalli Village,
Periya Patna Tq, Mysuru District,
Karnataka - 571 104.
25. Mr. Sameeulla,
S/o H.M.Musa,
Aged about 38 years,
Netheji Badavane,
Kushalanagara Town,
Somawara Pete Tq, Kodagu,
Karnataka - 571 234.
6
26. Chennabasappa,
S/o late Basavaiah,
Aged about 79 years,
Giraguru Village,
Periyapatna Taluk,
Mysuru District,
Karnataka - 571 104.
27. Shivaprakash,
S/o late Javarappa,
Aged about 51 years,
2nd Block, Koppa Village,
Periyapattana Taluk,
Mysuru District,
Karnataka - 571 104.
... Petitioners
(By Sri. Akash B Shetty, Advocate)
AND:
1. Director General &
Inspector General of Police,
Police Head Quarters,
Nrupathunga Road,
Bangalore - 560 001.
2. The Chief Secretary,
Vidhana Soudha,
Bangalore - 01.
3. Department of Home
Represented Secretary,
Vidhana Soudha,
Bangalore - 01.
4. Superintendent of Police,
Hyder Ali Road,
Kittur Rani Chennamma Circle,
Jalapuri, Mysuru,
Karnataka - 570 019.
7
5. Station House Officer,
Bylakuppe Police Station,
Periayapatna Taluk,
Mysore District - 571 104,
Karnataka.
... Respondents
(By Smt.Namitha Mahesh B.G., HCGP)
-----
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India read with Section 482 of Cr.P.C.
praying to quash the entire proceedings in Crime No.0061/2019
dated.14.7.2019 in Bylakuppe Police Station pending before the
Addl. Civil Judge (Sr.Dn) and CJM Court Periyapatna
Annexure - A and charge sheet in 657/2019 filed before the
Prl. Civil Judge (Sr.Dn) and CJM Court Periyapatna Annexure-B
registered for the offences under Section 79 and 80 of the
Karnataka Police Act 1963.
This Writ Petition coming on for Preliminary Hearing , this
day, the Court made the following :
ORDER
This petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C., praying this Court to quash the entire proceedings in Crime No.0061/2019 dated.14.7.2019 in Bylakuppe Police Station pending before the Addl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna produced at Annexure - A and charge sheet in No.657/2019 filed before the Prl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna produced at 8 Annexure-B registered for the offences under Sections 79 and 80 of the Karnataka Police Act 1963.
2. The factual matrix of the case is that the case has been registered against these petitioners based on the complaint of the DCIB, Mysore that people are playing Andhar-Bahar by placing bets. Smt. Savi C.U, PSI sought before the learned Magistrate, Periyapattana for orders to conduct raid, arrest and seizure of the petitioner club. On the basis of the permission respondent Police under the guidance of Mr.Sunil, DCIB, Mysore raided the club and found that people were playing cards saying Andhar- Bahar. The respondent Police registered FIR in Crime No.0061/2019 and seized Rs.46,985/- and 3 tables and arrested the petitioners. The respondent Police after investigation filed charge sheet.
3. The learned counsel appearing for the petitioners would submit that the matter has been investigated by the Police, based on the permission given by the learned Magistrate. The learned Magistrate has not applied his mind. Only on the requisition letter made and 9 that though the offence is cognizable offence, permitted to investigate the matter.
4. Per contra, the learned counsel appearing for the State would submit that the learned Magistrate in the requisition itself made that the offences are non-cognizable offences and permitted to investigate the matter.
5. Having perused the documents available on record and also the grounds urged in the petition, it is made clear that the learned Magistrate made an endorsement on the request letter that it is a non- cognizable offence and permitted to investigate the matter. The learned Magistrate has not applied his mind and not passed any separate order except making an endorsement mentioning that it is a non-cognizable offence. Hence, permitted to investigate the matter. Taking note of the endorsement it is only making mention that it is a non- cognizable offence and permitted to investigate the matter without application of mind and not passed any separate order applying his judicious mind whether it is a fit case to 10 permit the Investigating Officer to investigate the matter. Hence, it requires interference by this Court.
In view of the discussion made above, I made the following :-
ORDER The petition is allowed and the entire proceedings in Crime No.0061/2019 dated.14.7.2019 in Bylakuppe Police Station pending before the Addl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna produced at Annexure - A and charge sheet in No.657/2019 filed before the Prl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna produced at Annexure-B registered for the offences under Sections 79 and 80 of the Karnataka Police Act 1963 is hereby quashed.
Sd/-
JUDGE ssb