Karnataka High Court
M/S Bambino Associates Recreation Club vs Director General & Inspector on 27 November, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
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W.Ps.NO.30021-23/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITIONS NO.30021-23 OF 2018 (GM-RES)
BETWEEN:
1. M/S BAMBINO ASSOCIATES
RECREATION CLUB
SHOP NO.10 AND 11, GROUND FLOOR
5TH AVENUE BUILDING
BRIGADE ROAD
BANGALORE-560 001
REP BY REJIMANKUZHYIL
PRESIDENT OF THE CLUB
2. REJIMANKUZHYIL
S/O K.E. ABHARAM
AGED ABOUT 50 YEARS
NO 14, MUKUND APARTMENT
PAULMOGREM ROAD
VICTORIA LAYOUT VIVEKNAGAR
BANGALORE-560 047
3. ANNAPPA.B.N
S/O DODDAPPA
AGED ABOUT 25 YEARS
NO.15, 5TH CROSS, 10TH MAIN
VASANTHNAGAR
BANGALORE-560 052 ... PETITIONERS
(BY SHRI. AKASH B. SHETTY, ADVOCATE)
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W.Ps.NO.30021-23/2018
AND:
1. DIRECTOR GENERAL & INSPECTOR
GENERAL OF POLICE
POLICE HEAD QUARTERS
NRUPATHUNGA ROAD
BANGALORE-01
2. STATE OF KARNATAKA
REP BY ITS HOME SECRETARY
VIDHANA SOUDHA
BANGALORE-01
3. THE COMMSSIONER OF POLICE
INFANTRY ROAD
BANGALORE-01
4. THE DEPUTY COMMISSIONER OF
POLICE (CENTRAL)
CUBBON PARK POLICE STATION
KASTURBA ROAD
BANGALORE-01
5. THE DEPUTY COMMISSIONER OF
POLICE (CCB)
INFANTRY ROAD
BANGALORE-01
6. ASSISTANT COMMISSIONER OF
POLICE (CCB), N.T. PET
BANGALORE-560 002
7. M.S. RAMESH RAO
CCB, BANGALORE
NOW AT INTERNAL SECURITY
DIVISION INCHARGE
OF HASSAN DISTRICT
RESIDENCY ROAD
BANGALORE-01
8. SMT. SHOBHA
SUB INSPECTOR OF POLICE
CUBBON PARK POLICE STATION
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W.Ps.NO.30021-23/2018
KASTURBHA ROAD
BANGALORE-01 ... RESPONDENTS
(BY SHRI. S. RACHAIAH, HCGP FOR R1 TO R6)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
& 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482
OF CR.P.C. QUASH THE ENTIRE PROCEEDINGS UNDER FIR IN
CRIME NO. 0147/2017 AT ANNEX-A AND CHARGESHEET IN CC
NO. 30513/2017 CUBBAN PARK POLICE STATION, SUB-
DIVISION, BANGALORE AT ANEX-B PENDING IN THE FILE OF
METROPOLITAN MAGISTRATE (TRAFFIC COURT-1), MAYOHALL,
BANGALORE REGISTERED FOR THE OFFENCES UNDER SEC. 79
AND 80 OF THE KARNTAKA POLICE ACT, 1963 AND ETC.
THESE WRIT PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard.
2. Shri Akash B. Shetty, learned advocate for the petitioners submits that respondent No.7 has filed FIR.No.147/2017 on 14.06.2017 in Cubbon park Police Station against twelve accused for offences punishable under Sections 78 and 79 of the Karnataka Police Act, 1963, alleging that petitioners were indulged in gambling activities. The said offences are 4 W.Ps.NO.30021-23/2018 non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order from the learned jurisdictional Magistrate. Learned Magistrate has endorsed on a requisition filed by the police as 'permitted' and therefore, it is a non-speaking order. Based on such permission, police could not have conducted enquiry and filed the charge sheet.
3. The facts narrated by the learned advocate for the petitioners is not disputed by the learned HCGP.
4. This Court after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as 'permitted' is not a speaking order. [See, The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073- 42075/2018 D.D. 3.10.2018)].
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W.Ps.NO.30021-23/2018
5. Resultantly, these petitions merit consideration and are accordingly allowed. All proceedings in in C.C.No.30513/2017 (FIR No.147/2017) pending on the file of Metropolitan Magistrate (Traffic Court-1), Mayo Hall, Bengaluru, are unsustainable and accordingly quashed.
No costs.
Sd/-
JUDGE AV