Basha vs The State Of Karnataka on 8 February, 2021

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Karnataka High Court

Basha vs The State Of Karnataka on 8 February, 2021

Bench: H.P. Sandesh

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 8TH DAY OF FEBRUARY, 2021

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION No.5676/2020

BETWEEN:

1. BASHA
S/O ABDUL REHAMAN
AGED ABOUT 42 YEARS
OCC: AGRICULTURIST
R/O SRINIVASANAGARA
PAVAGADA TOWN
PAVAGADA TALUK
TUMAKURU DISTRICT - 561 202.

2. ASHWATHAPPA
S/O NARASAPPA
AGED ABOUT 60 YEARS
OCC: AGRICULTURIST
R/O OLD KUMBARA STREET
PAVAGADA TOWN
PAVAGADA TALUK
TUMAKURU DISTRICT - 561 202.
                                          ... PETITIONERS

             (BY SRI B.S.UMESH, ADVOCATE FOR
                 SRI R.B.DESHPANDE, ADVOCATE)
AND:

THE STATE OF KARNATAKA
BY PAVAGADA POLICE STATION
PAVAGADA CIRCLE
TUMAKURU DISTRICT - 561 202
                                  2




REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU - 560 001.
                                                   ... RESPONDENT

                  (BY SRI. K.S. ABHIJITH, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS
IN C.C.NO.853/2018 PENDING ON THE FILE OF THE PRL.CIVIL
JUDGE AND JMFC, PAVAGADA (CR.NO.213/2018 OF PAVAGADA
POLICE STATION, PAVAGADA CIRCLE, TUMAKURU DISTRICT)
CHARGE SHEETED FOR THE OFFENCE P/U/S 78(3) OF THE
KARNATAKA POLICE ACT.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the criminal proceedings in C.C.No.853/2018 pending on the file of Principal Civil Judge and JMFC, Pavagada (Crime No.213/2018 of Pavagada Police Station, Pavagada Circle, Tamakuru District), charge sheeted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963.

2. The factual matrix of the case is that on 07.07.2018, the NCR was registered in NCR No.331/2018 and thereafter the 3 police requested the learned Magistrate to accord permission to conduct the investigation in non-cognizable offence and accordingly the permission was accorded by referring as "Permitted."

3. It is mentioned that they have received the credible information that illegal activities of matka gambling and card gambling were going on and the complainant, who was on gust duty found the public exchanging the money for matka chits and one Ashwathappa, who is the second petitioner herein was collecting the amount. The petitioner No.1 was also found collecting the money for playing matka gambling and giving chits to those persons, who paid the money. Thereafter, the permission was taken and the case was registered for the offence punishable under Section 78(3) of Karnataka Police Act.

4. The main contention of the learned counsel for the petitioners is that the Magistrate has accorded permission invoking Section 155(2) of Cr.P.C. to investigate the matter without applying his mind and only made the endorsement as "Permitted." The said order is passed without application of 4 mind and no separate order is passed except the endorsement on the requisition given by the Investigating Officer. Hence, it requires interference of this Court.

5. The learned High Court Government Pleader appearing for the State would submit that the Magistrate has applied his mind while according permission to investigate the matter and hence, the same cannot be quashed.

6. Having heard the submissions of the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the State and so also on perusal of the averments made in the complaint and in the FIR, a credible information was received that the petitioners were playing matka and the case was registered on 07.07.2018 based on the complaint of the PSI. When the very requisition was given to the Magistrate on the same day, the learned Magistrate has not passed any separate order. On perusal of the requisition dated 07.07.2018, an endorsement was made as "Permitted." The same discloses the non-application of mind of the learned Magistrate. When the non-cognizable offence is reported and 5 the permission was sought, the learned Magistrate ought to have applied his mind and passed separate order whether it is a fit case to investigate the matter, which has not been done except stating "Permitted." Hence, the petitioners have made out a ground to exercise the powers under Section 482 of Cr.P.C. in quashing the proceedings initiated against the petitioners.

7. In view of the discussions made above, I pass the following:

ORDER

(i) The petition is allowed.

(ii) The proceedings initiated against the petitioners in C.C.No.853/2018 pending on the file of the Principal Civil Judge and JMFC, Pavagada (Crime No.213/2018 of Pavagada Police Station, Pavagada Circle, Tamakuru District), for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, is hereby quashed.

In view of allowing the main petition, I.A.No.1/2020 for stay does not survive for consideration and the same stands disposed of.

Sd/-

JUDGE cp*

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