Ashwathappa vs The State Of Karnataka By on 19 March, 2021

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Karnataka High Court

Ashwathappa vs The State Of Karnataka By on 19 March, 2021

Bench: H.P. Sandesh

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 19TH DAY OF MARCH, 2021

                         BEFORE

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

              CRIMINAL PETITION NO.5577/2020

BETWEEN:

1.     ASHWATHAPPA
       S/O LATE NARASAPPA
       AGED ABOUT 62 YEARS
       OCC: AGRICULTURIST
       R/O OLD KUMBARA STREET
       PAVAGADA TOWN
       PAVAGADA TALUK
       TUMAKURU DISTRICT-561202.

2.     RANJITH
       S/O LATE SHIVAKUMAR
       AGED ABOUT 32 YEARS
       OCC: AGRICULTURIST
       R/AT OLD KUMBARA STREET
       PAVAGADA TOWN
       PAVAGADA TALUK
       TUMAKURU DISTRICT-561202.       ... PETITIONERS

         (BY SRI RAVINDRA B. DESHPANDE, ADVOCATE)
AND:

THE STATE OF KARNATAKA
BY PAVAGADA POLICE STATION
PAVAGADA CIRCLE
TUMAKURU DISTRICT-561202
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
                                 2



BENGLAURU-560 001                                ... RESPONDENT

                  (BY SRI SHOWRI H.R., HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS
IN C.C.NO.771/2019 PENDING ON THE FILE OF PRINCIPAL CIVIL
JUDGE AND JMFC, PAVAGADA, CR.NO.327/2018 OF PAVAGADA
POLICE STATION, PAVAGADA CIRCLE, TUMAKURU DISTRICT,
CHARGE SHEETED FOR THE OFFENCE PUNISHABLE UNDER
SECTION 78(3) OF KARNATAKA POLICE ACT, 1963.

     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.771/2019 pending on the file of the Principal Civil Judge and JMFC, Pavagada (Crime No.327/2018 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 28.11.2018 at around 2:45 p.m, an information was received that the accused persons by securing some persons was indulged in 3 Matka game. CW.12 based on the information given the complaint. The police have conducted the raid and seized Matka number chit, touch screen mobile and an amount of Rs.210/-. Thereafter, sought permission from the learned Magistrate. Based on the permission given by the Magistrate, the matter has been investigated and filed the charge sheet.

3. 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 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.

4. Per contra, the learned High Court Government Pleader appearing for the State would submit that the permission was obtained and thereafter investigation has been completed and filed the charge sheet.

5. Having heard the submissions of the respective counsel and also on perusal of the records, it disclose that the offences invoked against the petitioners are non-cognizable offences and the permission was sought and the learned Magistrate endorsed on the requisition as "permitted" and no detailed order has been passed. Hence, it is clear that without an application of mind only endorsed as "permitted" and no separate order has been passed. While perusing the endorsement, it is clear that the learned Magistrate mechanically given the permission without application of mind when the requisition is given to him. Hence, it is a fit case to quash the proceedings initiated against the petitioners.

6. 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.771/2019 pending on the file of the Principal Civil Judge and JMFC, Pavagada (Crime No.327/2018 of 5 Pavagada Police Station, Pavagada Circle, Tamakuru District), charge sheeted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963, are 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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