Karnataka High Court
Chandrashekar vs The State Of Karnataka on 17 October, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 17TH OCTOBER, 2014
:BEFORE:
THE HON'BLE MR.JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO.4147/2014
BETWEEN:
1.CHANDRASHEKAR
S/O LATE M.N.SHIVASWAMY
AGED 40 YEARS,
CABLE OPERATOR
HOUSE NO.270
GOVT COLLEGE ROAD,
HASSAN-573201
2.VIJAY
S/O JANARDHAN
AGED ABOUT 44 YEARS,
BUSINESSMAN
SUBHASH NAGAR,
TANNIRUHALLA, HASSAN CITY
PIN-573201
3.MAHENDRA
S/O HUCHEGOWDA
AGED ABOUT 43 YEARS,
BUSINESSMAN
5TH CROSS, K.R.PURAM HASSAN CITY
PIN-573201
4.MAHESHA
S/O H.K.VENUGOPAL
2
AGED ABOUT 40 YEARS,
HOUSE NO.2974,
VALLABHAI ROAD,
HASSAN CITY
PIN-573201
5.GIRISHA
S/O NAGESHA
AGED ABOUT 40 YEARS,
BUSINESS,
ARALIKATTE ROAD,
HASSAN CITY
PIN-573201
6.RAVI
S/O CHANDREGOWDA
AGED ABOUT 35 YEARS,
HOUS NO.463
MOHANA NILAYA
BEHIND MCE, VIDYANAGAR
HASSAN CITY
PIN-573201 ... PETITIONERS
(BY SRI RAHUL RAI K, ADV. )
AND
1.THE STATE OF KARNATAKA
THROUGH HASSAN
EXTENSION POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE.
3
2.DEPUTY SUPERINTENDENT OF
POLICE, HASSAN SUB-DIVISION
HASSAN-573201 ... RESPONDENTS
(BY SRI B.J. ESHWARAPPA, HCGP.)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.415/14 ON THE FILE OF THE PRL.C.J. AND
JMFC, HASSAN AND ALLOW THIS PETN.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The factual matrix of this case shows that:
On the credible information received, Deputy Superintendent of Police, Kuvempunagar, Shimoga raided the Hotel by name Jewel Rock, Room No.208 and found some persons are playing gambling in the said Hotel. The Police have seized certain articles and arrested some accused persons and investigated the 4 matter and ultimately filed charge sheet against the accused for the offence punishable under Section 79 and 80 of KP Act.
3. It appears, the learned Magistrate has taken cognizance in CC No.415/2014. The FIR itself discloses that the Police have registered a case u/s.79 and 80 of KP Act in Crime No.107/2014 investigated the matter and filed charge sheet also under the above said provisions. The learned counsel for the petitioner also brought to my notice that there is no provision under the KP Act which describes Section 79 and 80 of the KP Act, as cognizable offences. He also drawn my attention to the Schedule-I part 2 of Cr.PC which declares that the offences under other enactments which are cognizable and non-cognizable in nature. The offences punishable less than three years are all declared to be non-cognizance offence in the said Schedule of Cr.PC. in the absence of any provisions under the KP Act, 5 declaring that these two provisions are cognizable in nature, the Police have to investigate the matter in accordance with law. Section 155(2) of Cr.PC mandates that the Police have to refer the parties to the learned Magistrate if they have registered a case for non- cognizable offences. They have to take the permission of the learned Magistrate to investigate the case. In this particular case, as could be seen from the registration of the case is also for a non-cognizable offence. Charge sheet is also filed for a non-cognizable offence. Therefore, it cannot be presumed by the court that the Police have proceeded to the spot on the presumption that cognizable offence has been committed and thereafter, on investigation, they came to know cognizable offence has been committed and therefore they filed the charge sheet for non-cognizable offence. In the absence of such material, it cannot be said that the said proceedings is in accordance with law, but the 6 same is hit by sub-Section (2) of Section 155 of Cr.PC, which deserves to be quashed.
Accordingly, the petition is allowed. The entire proceedings in CC No.415/2014 pending on the file of the Principal Civil Judge and JMFC, Hassan are hereby quashed.
SD/-
JUDGE PL