Karnataka High Court
Auto Shankar vs State Of Karnataka on 8 February, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
CRL.P No. 100383 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100383 OF 2021 (482-)
BETWEEN:
1. AUTO SHANKAR
AGE 40 YEARS, OCC AGRICULTURE,
R/O GANGAVATHI, TQ GANGAVATHI,
DIST KOPPAL,PIN 583227.
...PETITIONER
(BY SRI. ANAND R KOLLI.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING, DHARWAD,
THROUGH MUNIRABAD PS, PIN 580011.
...RESPONDENT
Digitally signed by
(BY SMT. GIRIJA S. HIREMATH, HCGP)
J MAMATHA
Location: High
Court of Karnataka,
Dharwad
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET AND
IMPUGNED ORDER DATED 10/02/2020 ARISING OUT OF CRIME
NO.21/2020 (C.C.NO.181/2020) OF MUNIRABAD POLICE STATION ,
TAKING COGNIZANCE FOR THE OFFENCE PUNISHABLE U/S 78(3) OF
KARNATAKA POLICE ACT PASSED BY THE COURT OF PRINCIPAL
CIVIL JUDGE AND JMFC AT KOPPAL BY ALLOWING THE CRIMINAL
PETITION IN SO FAR AS PETITIONER IS CONCERNED.
-2-
CRL.P No. 100383 of 2021
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.2 in Crime No.21/2020 of Munirabad Police Station registered for the offence punishable under Section 78(3) of Karnataka Police Act.
2. Case of the prosecution is that on 7.01.2020 at about 4.45 p.m., accused No.1 was playing Matka in a public place in front of the bus stand in Jabbalgudda village. He was apprehended and a sum of Rs.650/-, one 'Matka patti' and ball pen was seized from his possession. The allegation against the petitioner who is arraigned as accused No.2 is that he was receiving 'Matka patti' from accused No.1.
3. Admittedly, petitioner was not present at the spot where accused No.1 was playing Matka. It appears that only on the basis of confessional statement of accused No.1, petitioner has been arraigned as an accused in this -3- CRL.P No. 100383 of 2021 case. There is absolutely no material collected against the petitioner to show that he was also playing 'Matka' or that he was receiving the 'Matka patti' from accused No.1 as alleged. In the absence of any sufficient material against the petitioner, criminal proceedings initiated against him is nothing but an abuse of process of law. Hence, petition succeeds. Accordingly, the following:
ORDER Petition is allowed. The entire proceedings against the petitioner/accused No.2 in CC No.181/2020 pending on the file of Prl. Civil Judge and JMFC at Koppal is hereby quashed.
IA No.1/2021 is disposed of.
Sd/-
JUDGE HMB List No.: 1 Sl No.: 34