Karnataka High Court
Mahantesh S/O. Kudalasangappa vs The State Of Karnataka on 6 January, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.102293/2021
BETWEEN
1. MAHANTESH S/O. KUDALASANGAPPA
AGE 44 YEARS, OCC- BUSINESS,
R/O. KOTRESHWARA CAMP,
BEHIND BUS STAND, GANGAVATHI,
DIST KOPPAL-PIN-583227,
2. SRINIVAS S/O. KRISHNARAO
AGE 51 YEARS, OCC -FARMER,
R/O. AYODHAYA, TQ-GANGAVATHI,
DIST KOPPAL PIN-583227.
3. MANOHAR S/O. PRASAD,
AGE 35 YEARS, OCC-FARMER,
R/O. AYODHYA, TQ-GANGAVATHI,
TQ. KOPPAL -PIN-583227.
4. SURESH S/O. SRINIVAS
AGE 30 YEARS, OCC-FARMER,
R/O. GANGAVATHI, DIST-KOPPAL,
PIN-583 227.
5. NAGARAJ S/O. B.PARASHURAMAPPA KAMPLI,
AGE 41 YEARS, OCC-FARMER,
R/O. WARD NO. 19, GANGA NAGAR,
KAMPLI, DIST- BALLARI-583132.
2
6. MOHANKUMAR S/O. CHAITTIBABU
AGE 32 YEARS, OCC-BUSINESS,
R/O. WARD NO. 19, SRIRAMANAGAR,
TAL-GANGAVATHI, DIST DIST BALLARI-583227.
7. NEKKANTI ASHOK S/O. KRISHNAMURTHY
AGE 58 YEARS, OCC-FARMER,
R/O. HOSA ADYODYA , TQ GANGAVATHI
DIST KOPPAL-583227.
8. ANJANEYA S/O. BASAVARAJ EDIGA,
AGE 39 YEARS, OCC-LABOURER,
R/O. WARD NO. 21, MURAHARI NAGAR,
GANGAVATHI, DIST-KOPPAL-583227.
9. ANAND KUMAR S/O. RAMAKRISHNA
AGE 35 YEARS, OCC-FARMER,
R/O AYODHYA, TQ. GANGAVATHI,
DIST KOPPAL-583227.
10. RENUKAGOUDA S/O. NOT KNOWN
AGE 45 YEARS, OCC-FARMER,
R/O AYODHYA, TQ. GANGAVATHI,
DIST KOPPAL-583227.
11. NAGESHWARARAO S/O. VIJAYBHASKAR,
AGE 42 YEARS, OCC- BUSINESS,
R/O W.NO.3, HERUR, TQ-GANGAVATHI,
DIST KOPPAL-583227.
12. RAJASHEKHAR T S/O. LATE NARASIMHARAO
AGE 45 YEARS, OCC-FARMER,
R/O HOSA AYODHYA, TQ-GANGAVATHI,
DIST KOPPAL-583227.
13. VENKATESH S/O. PENNAYYA,
AGE 27 YEARS, OCC-FARMER,
3
R/O. NAGANAHALLI, TQ-GANGAVATHI,
DIST KOPPAL-583227.
... PETITIONERS
(BY SRI A.M.MALIPATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH GANGAVATHI RURAL P.S.
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
AT DHARWAD BENCH.
2. UDAYARAVI,
AGE 40 YEARS, OCC-CPI,
R/O. GANGAVATHI RURAL CIRCLE,
GANGAVATHI, DIST KOPPAL-583227.
... RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR RESPONDENTS)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C., SEEKING TO QUASH THE IMPUGNED ORDER OF
TAKING COGNIZANCE DATED 09.07.2021 PASSED BY THE
PRINCIPAL CIVIL JUDGE AND JMFC AT GANGAVATHI IN
C.C. NO.1422/2021 FOR THE OFFENCES PUNISHABLE U/S
79 AND 80 OF THE KARNATAKA POLICE ACT AND
CONSEQUENTLY ENTIRE PROCEEDINGS PRODUCED AT
ANNEXURE-A IN SO FAR AS PETITIONERS ARE
CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
The petition is filed challenging the proceedings in Criminal Case No.1422/2021 for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.
2. Both the learned counsel for the petitioners and the State would in unison submit that the issue stands covered by the Judgment rendered in Criminal Petition No.101615/2021.
3. This Court in Criminal Petition No.101615/2021 has held as follows :
"There is considerable force in the submission of the learned counsel for the petitioners that the game of Andar-Bahar, as held by this Court in several cases, is not a game of skill and is mere game of chance and therefore this Court hold that Sections 79 and 80 of the Karnataka Police Act are not applicable.
Learned counsel for the petitioners submits that the Investigating Officer has not obtained permission of the jurisdictional Magistrate in terms of Section 155(2) of Cr.P.C.5
Learned High Court Government Pleader submits that requisition has been filed seeking permission to investigate a non-cognizable offence. That no order has been passed on the said requisition.
A perusal of Section 155(1) and (2) of Cr.P.C. would indicate that, whenever there is a non- cognizable offence, which is to be investigated, it is the duty of the concerned Police Officer to enter the details of the same in the Station House Diary and send the information to the concerned Magistrate under Section 155(1) of the Cr.P.C. and in terms of Section 155(2) of the Cr.P.C., permission has to be obtained from the jurisdictional Magistrate to initiate the investigation and to proceed further in the matter.
A perusal of the record available would indicate that no such permission from the jurisdictional Magistrate has been obtained. Therefore, there being a substantive violation of the mandatory procedural law, the proceedings cannot be continued against the petitioners herein.
In view of the above, I pass the following order:
The petition is allowed. The proceedings initiated against the petitioners in CC No.1422/2021 pending on the file of the learned 6 Principal Civil Judge and JMFC Court, Gangavathi, for the offence punishable under Sections 79 and 80 of the Karnataka Police Act, 1963, are hereby quashed so far as the petitioners are concerned."
4. In the light of the aforesaid submission of the learned counsel and the proceedings initiated against other accused in the very same Criminal Case No.1422/2021, this criminal petition is allowed. The impugned order of taking cognizance dated 09.07.2021 passed in Criminal Case No.1422/2021 by the Principal Civil Judge and JMFC At Gangavathi stands quashed insofar as petitioners/ accused Nos.1, 3 to 9, 11 to 13, 16 and 18 are concerned.
SD JUDGE CKK