Karnataka High Court
Soma Shekhar S/O Thimmappa vs The State Of Karnataka on 14 February, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
CRL.P No. 100058 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100058 OF 2023 (482-)
BETWEEN:
1. SOMA SHEKHAR S/O THIMMAPPA
AGE. 36 YEARS, OCC. DRIVER AUTORICKSHAW
R/O. RUPANAGUDI ROAD, RAJJOTSAVA NAGAR
BALLARI-583201
...PETITIONER
(BY SRI. B ANWAR BASHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(THROUGH BRUCEPETE PS BALLARI)
REP. BY ITS SPP,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580001
Digitally signed by
...RESPONDENT
J MAMATHA
Location: High
(BY SMT.GIRIJA S.HIREMATH, HCGP)
J Court of
MAMATHA Karnataka,
Dharwad
Date: 2023.02.21
14:54:29 +0530
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO. 230/20202I ADDL. CIVIL JUDGE AND JMFC BALLARI
(ARISING OUT OF CRIME NO. 243/2021 REGISTERED COWL
BAZAR, P.S. BALLARI) FOR AN OFFENCE PUNISHABLE
U/SEC. 78(3) OF KARNATAKA POLICE ACT 1963 BY ALLOWING
THE CRIMINAL PETITION IN SO FAR AS THIS PETITIONER IS
CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
CRL.P No. 100058 of 2023
ORDER
Petitioner is seeking quashing of the entire proceedings in C.C.No.230/2022 arising out of Cr.No.243/2021 registered at Cowl bazaar police station, Ballari, now pending on the file of the Court of I Addl. Civil Judge and JMFC, Ballari.
2. The case of the prosecution is that on 13.12.2021, at about 6 p.m., on receiving a credible information that, few persons are involved in playing matka near the water tank in Millarapete area, Ballari, the complainant along with his staff and panch witnesses went to the spot and noticed 2 persons involved in playing matka. On seeing the police, one of them ran away from the spot whereas, the accused by name Abdul Azeez was apprehended. From his possession, a cash of Rs.2,610/-, 3 matka pattis and a ball pen were seized.
3. Charge-sheet has been filed against accused Nos.1 to 3 showing the petitioner as accused No.1. It is alleged that when the police enquired the person who was apprehended from the spot, he informed the names of other accused persons involved in playing matka. Except his confessional statement, there are no other materials collected to array the petitioner as -3- CRL.P No. 100058 of 2023 an accused. Admittedly, the petitioner was not present at the spot and it is alleged that one person ran away from the spot after seeing the police. The said person is arraigned as accused No.3 in the charge-sheet. It appears that on enquiry with the person who was apprehended from the spot now shown as accused No.2 in the charge-sheet, the name of other persons were revealed. It is alleged that both accused Nos.2 and 3 were giving matka patti to the present petitioner. But, except the voluntary statement, there are no material to substantiate the said allegation.
4. It is also contended by the learned counsel for petitioner that the offence alleged is non-cognizable in nature and there is no proper authorization by the learned Magistrate as required under law, permitting the police to conduct investigation.
5. The material on record does not reveal that there was any permission obtained by the police from learned Magistrate to conduct investigation. On the other hand, it is seen that after conducting the spot panchanama, the accused was brought to the police station and thereafter, a case was -4- CRL.P No. 100058 of 2023 registered in Cr.No.243/2021 under Section 78 (III) of the Karnataka Police Act. The said offence being non-cognizable in nature, the police are required to follow the mandatory provision under Section 155 of Cr.P.C. There is no material placed to show that any permission was taken from the learned Magistrate before conducting investigation.
6. for the foregoing reasons, the entire proceedings initiated against the petitioner is liable to be quashed.
7. Hence, the following:
ORDER
i) Petition is allowed.
ii) The entire proceedings in C.C.No.230/2022 on the file of the I Addl. Civil Judge and JMFC, Ballari, (arising out of Cr.No.243/2021 of Cowl Bazaar police station, Ballari), pending against the petitioner, is hereby quashed.
(Sd/-) JUDGE JM List No.: 1 Sl No.: 43