Karnataka High Court
Auto Shankar @ Shankarlingappa vs The State Of Karnataka on 1 March, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 1ST DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P. NO.100039/2018
C/W
CRL.P.NOS.100040/2018, 100041/2018 AND
100042/2018
IN CRIMINAL PETITION NO.100039/2018:
BETWEEN:
AUTO SHANKAR @ SHANKARLINGAPPA,
S/O LAXAMAPPA RATHOD,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: MAHIBOOB NAGAR,
GANGAVATI,TQ: GANGAVATHI,
DIST: KOPPAL.
... PETITIONER
(BY SRI. ANAND.R.KOLLI, ADV.)
AND:
THE STATE OF KARNATAKA
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD,
(THROUGH TOWN P.S. GANGAVATI).
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT IN CRIME
NO.257 OF 2017 REGISTERED BEFORE TOWN POLICE STATION
GANGAVATI, DISTRICT KOPPAL FOR AN OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT,1963, BY
ALLOWING THE CRIMINAL PETITION.
2
IN CRIMINAL PETITION NO.100040/2018:
BETWEEN:
AUTO SHANKAR @ SHANKARLINGAPPA,
S/O LAXAMAPPA RATHOD,
AGE:36 YEARS, OCC:AGRICULTURE,
R/O:MAHIBOOB NAGAR, GANGAVATI,
TQ:GANGAVATI, DIST:KOPPAL.
... PETITIONER
(BY SRI.ANAND.R.KOLLI, ADV.)
AND:
THE STATE OF KARNATAKA
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
(THROUGH TOWN P.S.GANGAVATI)
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT IN CRIME
NO. 274 OF 2017 REGISTERED BEFORE TOWN POLICE STATION
GANGAVATI, DISTRICT KOPPAL FOR AN OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT,1963, BY
ALLOWING THE CRIMINAL PETITION.
IN CRIMINAL PETITION NO.100041/2018:
BETWEEN:
AUTO SHANKAR @SHANKARLINGAPPA,
S/O LAXAMAPPA RATHOD,
AGE:36 YEARS, OCC:AGRICULTURE,
R/O:MAHIBOOB NAGAR, GANGAVATI,
TQ:GANGAVATI, DIST:KOPPAL.
... PETITIONER
(BY SRI.ANAND.R.KOLLI, ADV.)
AND:
THE STATE OF KARNATAKA
REP BY ITS STATE PUBLIC PROSECUTOR,
3
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD,
(THROUGH TOWN P.S.GANGAVATI)
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT IN CRIME
NO. 280 OF 2017 REGISTERED BEFORE TOWN POLICE STATION
GANGAVATI, DISTRICT KOPPAL FOR AN OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT, 1963, BY
ALLOWING THE CRIMINAL PETITION.
IN CRIMINAL PETITION NO.100042/2018:
BETWEEN:
AUTO SHANKAR @ SHANKARLINGAPPA,
S/O LAXAMAPPA RATHOD,
AGE:36 YEARS, OCC:AGRICULTURE,
R/O:MAHIBOOB NAGAR GANGAVATI,
TQ:GANGAVATI, DIST:KOPPAL.
... PETITIONER
(BY SRI.ANAND.R.KOLLI,ADV.)
AND:
THE STATE OF KARNATAKA
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD,
(THROUGH TOWN P.S. GANGAVATI)
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR,HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT IN CRIME
NO. 276 OF 2017 REGISTERED BEFORE TOWN POLICE STATION
GANGAVATI DISTRICT KOPPAL FOR AN OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT,1963, BY
ALLOWING THE CRIMINAL PETITION.
THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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COMMON ORDER
Though all these matters are listed for admission, with the consent of the parties, the matters are taken up for final disposal.
2. In all these petitions, common question of law has been raised by the petitioner concerning the applicability of Section 155(2) of Criminal Procedure Code.
3. The identical facts in all these cases are that, on receipt of the credible information, the Police Sub- Inspector of Gangavathi Police Station registered a suo- motu complaint against the petitioner under Section 78(3) of Karnataka Police Act,1963, alleging that the petitioner was indulging in playing 'Matka'. Based on the said information, he conducted a raid along with his staff and panch witnesses and arrested the petitioner and some other persons; and seized the cash and the chits said to have been used for playing 'Matka'. It is further alleged 5 that the petitioner was inviting customers for indulging in the 'Matka'.
4. Heard the learned counsel for the petitioner and learned HCGP for respondent-State.
5. The contention of the petitioner is that;
(i) The offence charged against the petitioner is a non-cognizable offence. By virtue of Section 155(2) of Cr.P.C, no Police Officer is empowered to investigate a non-cognizable offence without the order of a Magistrate having power to try such cases. In all these cases, the Police Inspector has proceeded to register the case and to investigate the same without authorization by the Judicial Magistrate as required under Section 155(2) of Cr.P.C and therefore initiation of the proceedings are vitiated and solely on this ground, the proceedings are liable to be quashed.
(ii) In support of the argument, the learned counsel has referred to the decision of this Court in the case of 6 Sharath @ Salim V/s The State of Karnataka and connected matters in Crl.P.No.101833/2015 and connected Criminal Petitions disposed of on 18.12.2015, wherein this Court relying on the decision passed by this Court in a batch of petitions in Crl.P.No.100319/2014 has held that, non-compliance of the mandatory requirements under Section 155(2) of Cr.P.C. would render the proceedings illegal and invalid.
(iii) The learned counsel has also produced a copy of the order passed by the Hon'ble Supreme Court of India in SLP No.s 8567-8560/2016 arising out of the Common Order passed by this Court in Crl.P.No.100319/2014. The said SLP Nos. 8567-8560/2016 are dismissed, thereby confirming the orders passed by this Court.
6. In view of the aforesaid, without entering into any further discussion in the matter, all the four petitions deserve to be allowed and consequently, the proceedings initiated by the PSI in Crime Nos.257/2017, 274/2017, 7 280/2017 and 276/2017 are liable to be quashed. Hence I pass the following:
ORDER The petitions are allowed.
Proceedings in Crime Nos.257/2017, 274/2017, 280/2017 and 276/2017 registered before the Town PS Gangavati, are quashed.
Sd/-
JUDGE Hmb