Karnataka High Court
Sri Mansur S/O Gujari Huseni vs The State Of Karnataka on 10 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11714
CRL.P No. 103221 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103221 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
SRI. MANSUR S/O GUJARI HUSENI,
AGE. 41 YEARS, OCC. LABOURER,
R/O. SIRUGUPPA, TQ. SIRUGUPPA,
DIST. BALLARI-583 101.
... PETITIONER
(BY SRI. C.S. SWAMY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REP. BY ITS SPP,
HIGH COURT OF KARNATAKA,
BENCH, DHARWAD-580 001.
(THROUGH HATCHOLLI P.S.)
Digitally
signed by
... RESPONDENT
RAKESH S
RAKESH HARIHAR
S Location:
HARIHAR
HIGH
COURT OF (BY SMT. GIRIJA S. HIREMATH, HCGP)
KARNATAKA
DHARWAD
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C. NO.956/2023 LEARNED CIVIL JUDGE
AND JMFC SIRUGUPPA (ARISING OUT OF CRIME NO.43/2023
REGISTERED HATCHOLLI P.S.) FOR AN OFFENCE PUNISHABLE UNDER
SECTION 78(3) OF KARNATAKA POLICE ACT-1963 BY ALLOWING THE
CRIMINAL PETITION IN SO FOR AS THIS PETITIONER/ACCUSED NO.2
IS CONCERNED, IN THE INTEREST OF JUSTICE.
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NC: 2025:KHC-D:11714
CRL.P No. 103221 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER
IS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused no.2 is before this Court under Section 482 of Cr.PC, with a prayer to quash the entire proceedings in C.C.No.956/2023 pending before the Court of Civil Judge & JMFC, Siruguppa, arising out of Crime No.43/2023 registered by Hatcholli Police Station, Ballari District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act').
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioner submits that even before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama, which is impermissible. Accordingly, he prays to allow the petition. -3-
NC: 2025:KHC-D:11714 CRL.P No. 103221 of 2025 HC-KAR
4. Per contra, learned High Court Government Pleader has opposed the petition.
5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and had seized the money that was used for the purpose of conducting matka. The other articles which were used for conducting matka were also seized and subjected to panchanama and thereafter, the seized articles were brought to the police station and subsequently, the FIR in Crime No.43/2023 was registered for the offence punishable under Section 78(3) of the K.P.Act. Before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama. Therefore, the investigation in the case had commenced even prior to registration of FIR in Crime No.43/2023.
6. Undisputedly, the alleged offence is a non-cognizable offence, and therefore, compliance of Section 155(2) of Cr.PC, becomes mandatory in the present case. The order passed under Section 155(2) of Cr.PC, is not part of the order sheet -4- NC: 2025:KHC-D:11714 CRL.P No. 103221 of 2025 HC-KAR maintained by the Trial Court in the present case. The coordinate bench of this Court in the case of VAGGEPPA GURULINGA JANGALIGI VS THE STATE OF KARNATAKA - ILR 2020 KAR 630, has observed that the order passed under Section 155(2) of Cr.PC, shall form part of the order sheet in which further proceedings is required to be continued by the Trial Court. In the said case, it is also observed that the learned Magistrate while passing the order under Section 155(2) of Cr.PC shall specify the rank and designation of the police officer who is required to investigate the case. In the present case, there is no material to show that the order passed under Section 155(2) of Cr.PC, is part of the order sheet.
7. Under the circumstances, I am of the opinion that the impugned proceedings if allowed to continue, the same would amount to abuse of process of law. Accordingly, the following order:
8. Petition is allowed. The entire proceedings in C.C.No.956/2023 pending before the Court of Civil Judge & JMFC, Siruguppa, arising out of Crime No.43/2023 registered by Hatcholli Police Station, Ballari District, for the offence -5- NC: 2025:KHC-D:11714 CRL.P No. 103221 of 2025 HC-KAR punishable under Section 78(3) of the Karnataka Police Act, 1963, as against the petitioner stands quashed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 44