Karnataka High Court
Virupakshagouda S/O Rudragouda vs The State Of Karnataka on 21 June, 2019
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION No.200700/2019 C/W
CRIMINAL PETITION No.200697/2019,
CRIMINAL PETITION No.200698/2019,
CRIMINAL PETITION No.200699/2019.
In Crl.P.No.200700/2019
Between:
Virupakshagouda S/o Rudragouda,
Age: 37 years, Occ: Agriculture,
R/o Ward No.3, Potnal Village,
Tq: Manvi, Dist: Raichur-584143.
(But wrongly shown in FIR name as
Veerupakshi gouda).
(Accused No.2)
... Petitioner
(By Sri. Mahantesh Patil, Advocate)
And:
The State of Karnataka,
Represented by SPP High Court of Karnatak,
Kalaburagi Bench (Through Manvi PS)
(Complainant)
... Respondent
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(By Sri. Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the Charge sheet and criminal
proceedings in C.C.No.42/2019 (Crime No.336/2018)
against the petitioner for the offence punishable
U/Sec.78(3) of Karnataka Police Act, pending on the file
of learned Civil Judge & JMFC, Manvi, Dist: Raichur in
the interest of justice and equity.
In Crl.P.No.200697/2019
Between:
Virupakshagouda S/o Rudragouda,
Age: 37 years, Occ: Agriculture,
R/o Ward No.3, Potnal Village,
Tq: Manvi, Dist: Raichur-584143.
(But wrongly shown in FIR name as
Veerupaxagouda).
(Sole Accused)
... Petitioner
(By Sri. Mahantesh Patil, Advocate)
And:
The State of Karnataka,
Represented by SPP High Court of Karnatak,
Kalaburagi Bench (Through Manvi PS)
(Complainant)
... Respondent
(By Sri. Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the proceedings and Charge
sheet in C.C.No.699/2016 (Crime No.281/2016) against
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the petitioner for the offence punishable U/Sec.78(3) of
Karnataka Police Act, pending on the file of learned
JMFC, Manvi, Dist: Raichur in the interest of justice and
equity.
In Crl.P.No.200698/2019
Between:
Virupakshagouda S/o Rudragouda,
Age: 37 years, Occ: Agriculture,
R/o Ward No.3, Potnal Village,
Tq: Manvi, Dist: Raichur-584143.
(But wrongly shown in FIR name as
Veerupakshi gouda).
(Sole Accused)
... Petitioner
(By Sri. Mahantesh Patil, Advocate)
And:
The State of Karnataka,
Represented by SPP High Court of Karnatak,
Kalaburagi Bench (Through Manvi PS)
(Complainant)
... Respondent
(By Sri. Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the proceedings in
C.C.No.763/2018 (Crime No.251/2018) and charge sheet
against the petitioner for the offence punishable
U/Sec.78(3) of Karnataka Police Act, pending on the file
of learned JMFC, Manvi, Dist: Raichur in the interest of
justice and equity.
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In Crl.P.No.200699/2019
Between:
Virupakshagouda S/o Rudragouda,
Age: 37 years, Occ: Agriculture,
R/o Ward No.3, Potnal Village,
Tq: Manvi, Dist: Raichur-584143.
(But wrongly shown in FIR name as
Veerupaxagouda S/o Rudrappagouda).
(Accused No.3)
... Petitioner
(By Sri. Mahantesh Patil, Advocate)
And:
The State of Karnataka,
Represented by SPP High Court of Karnatak,
Kalaburagi Bench (Through Manvi PS)
(Complainant)
... Respondent
(By Sri. Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the proceedings in
C.C.No.826/2017 (Crime No.206/2017) and charge sheet
against the petitioner for the offence punishable
U/Sec.78(3) of Karnataka Police Act, pending on the file
of learned Civil Judge & JMFC, Manvi, Dist: Raichur in
the interest of justice and equity.
These petitions coming on for admission, this day,
the Court made the following:
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ORDER
This Criminal Petition No.200700/2019 is filed for quashing Charge sheet and criminal proceedings in C.C.No.42/2019 arising out of (Crime No.336/2018) against the petitioner for the offence punishable U/Sec.78(3) of Karnataka Police Act, pending on the file of learned Civil Judge & JMFC, Manvi, Dist: Raichur.
2. This Criminal Petition No.200697/2019 is filed for quashing the proceedings and Charge sheet in C.C.No.699/2016 arising out of (Crime No.281/2016) against the petitioner for the offence punishable U/Sec.78(3) of Karnataka Police Act, pending on the file of learned JMFC, Manvi, Dist: Raichur.
3. This Criminal Petition No.200699/2019 is filed for quashing the proceedings in C.C.No.826/2017 arising out of (Crime No.206/2017) and charge sheet against the petitioner for the offence punishable 6 U/Sec.78(3) of Karnataka Police Act, pending on the file of learned Civil Judge & JMFC, Manvi, Dist: Raichur.
4. This Criminal Petition No.200698/2019 is filed for quashing the proceedings in C.C.No.763/2018 arising out of (Crime No.251/2018) and charge sheet against the petitioner for the offence punishable U/Sec.78(3) of Karnataka Police Act, pending on the file of learned JMFC, Manvi, Dist: Raichur.
5. These petitions are coming on for admission, with the consent of learned counsel for petitioner and learned Addl. SPP, heard arguments for final disposal.
6. The facts briefly stated in Criminal Petition No.200700/2019 are that on 20.11.2018 evening at about 06.30 PM, the CPI Manvi PS received credible information that some persons are involved in Matka gambling game near bus stand in Potnal village. The accused No.1 was apprehended at the spot and cash of 7 Rs.2,000/-, matka chit and ball pen were seized. After investigation the police have submitted the charge sheet in C.C.No.42/2019 wherein the petitioner is arrayed as accused No.2.
7. The facts briefly stated in Criminal Petition No.200697/2019 are that on 18.11.2016 at about 10.15 AM, the PSI Manvi PS received credible information that some persons are playing matka game at a public place near Potnal village near the complex of Basawaraj Nadgouder. Thereafter, the PSI along with his staff and panchas went to the said spot and conducted the raid. The petitioner Virupaksha R/o Rudragouda was apprehended and cash of Rs.1,550/-, matka chit and ball pen were seized. After investigation the police have submitted the charge sheet against the petitioner for the offence punishable under Section 78(3) in C.C.No.699/2016 (Crime No.281/2016) wherein the petitioner is arrayed as sole accused.
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8. The facts briefly stated in Criminal Petition No.200698/2019 are that on 09.08.2018 at about 5.15 PM, the PSI Manvi PS received on credible information that some persons are playing matka game near Gnana Bharathi School, Potnal village. On receiving the said information, the PSI along with his staff and panchas went to the spot and conducted the raid. The petitioner was apprehended and cash of Rs.5,310/- and matka chit and one ball pen were seized. After investigation the police have submitted the charge sheet against the petitioner for the offence punishable under Section 78(3) in C.C.No.763/2018 wherein the petitioner is arrayed as accused No.2 in charge sheet.
9. The facts briefly stated in Criminal Petition No.200699/2011 are that on 28.06.2017 at about 4.30 PM, the CPI of Manvi PS received on credible information that petitioner and other accused are involved in matka game gambling game near Mahalaxmi Super Market 9 Manvi. On receiving the said information, the CPI along with his staff and panchas went to the spot and conducted the raid. The accused No.1 was apprehended and cash of Rs.2,160/-, matka chit and one ball pen were seized. He has disclosed that accused No.3 namely, the petitioner was involved in conducting the matka gambling. After investigation charge sheet is filed for the offence punishable under Section 78(3) in C.C.No.286/2017 wherein the petitioner is arrayed as accused No.3 in charge sheet.
10. On perusal of the records concerned with aforesaid criminal cases, it is evident that offences alleged in the charge are under Section 78(3) of K.P.Act which is non-cognizable offences. Even according to the relevant prosecution, on receiving the credible information regarding non-cognizable offences. The police officials and along with panchas have gone to the spot. The police had received the information regarding 10 non-cognizable offences. The said information should have been entered in the register maintained in the police station and the said information should have been referred or forwarded to the Magistrate under Section 155(2) of Cr.PC as the said provision mandates that no police officer shall investigate the non-cognizable offences without prior permission from the Magistrate having power to try such case or commit the case for trial. There is a mandatory requirement to be followed before registering the case in respect of non-cognizable offences.
11. In a decision reported in 2015 CRL.L.J. 982 between Moin Basha Kurnooli vs. State of Karnataka, this Court has categorically held while dealing under Section 155(2) Cr.PC that in non-cognizable offence, particularly under the Karnataka Police act, Investigating Officer conducted the investigation without obtaining the prior permission of the Magistrate of or without referring the complaint to the Magistrate under Section 155(2) 11 Cr.P.C., which proceedings are vitiated by incurable defects and it amounts illegality. Section 155(2) Cr.P.C. is mandatory and not directory. Therefore, the investigation and the report filed by the Police Officers in such cases cannot be legally sustained.
12. In catena of decisions this Court has consistently held that whenever a case is registered in respect of non-cognizable offence without prior permission of learned Magistrate, the same is hit by Section 155(3) of Cr.P.C.
13. In all these cases, the police have conducted the investigation without taking prior permission of the Magistrate and directly proceeded to the spot along with his staff. The accused persons found at the spot are apprehended and incriminating articles and cash are recovered. Thus, it is evident that it is clear violation of the procedure prescribed under Section 155(2) Cr.P.C. 12
14. Under these circumstances, there are valid grounds to hold that the proceedings initiated cannot be sustained in law. Hence, I proceed to pass the following..
ORDER The petitions are allowed.
The proceedings initiated in C.C.No.42/2019 arising out of Crime No.336/2018, proceedings and Charge sheet in C.C.No.699/2016 arising out of Crime No.281/2016, proceedings in C.C.No.826/2017 arising out of Crime No.206/2017 and proceedings in C.C.No.763/2018 arising out of Crime No.251/2018 are quashed.
Cash of Rs.2,000/-seized in C.C.No.42/2019, cash of Rs.1,550/- seized in C.C.No.699/2016, cash of Rs.5,310/- seized in C.C.No.763/2018, cash of Rs.2,160/- seized in C.C.No.286/2017 during the raid shall be confiscated to the Government.
Sd/-
JUDGE SMP