Karnataka High Court
Auto Shankar @ Shankarlingappa vs The State Of Karnataka on 24 February, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.102423/2019
BETWEEN:
AUTO SHANKAR
S/O: LACHAMAPPA LAMANI,
AGE: 36 YEARS, OCC: LABOURER,
R/O: MAHIBOOB NAGAR, GANGAVATI,
TQ: GANGAVATI,
DIST: KOPPPAL-583227.
......PETITIONER
(BY SRI.ANAND.R.KOLLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY ITS SPP
HIGH COURT OF KARNATAKA,
BENCH DHARWAD-580011.
(THROUGH TOWN P.S.GANGAVATI)
...RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
IMPUGNED ORDER DATED 17.12.2018 PASSED BY THE
PRINCIPAL CIVIL JUDGE AND JMFC GANGAVATHI IN
C.C.NO.2213/2018 FOR THE OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF KARNATAKA POLICE ACT IN
CRIME NO.282/2018 (C.C.NO.2213/2018) REGISTERED
BY THE TOWN POLICE STATION GANGAVATI DISTRICT
KOPPAL FOR AN OFFENCE PUNISHABLE UNDER
SECTIONS 78(3) OF KARNATAKA POLICE ACT, 1963, BY
ALLOWING THE CRIMINAL PETITION.
THIS PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for quashing of the order dated 16.10.2010 passed by the Principal Civil Judge & JMFC Gangavathi in C.C.No.2213/2018 against the petitioner for the offences punishable under Section 78(3) of Karnataka Police Act, in Crime No.282/2018 (C.C.No.2213/2018) registered by the Town Police Station Gangavathi, District Koppal, which are non-cognizable in nature.
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2. The case of the prosecution is that the Police Sub-
Inspector, Town P.S. Gangavathi had registered a suo moto complaint as against the petitioner and other alleging that on 16.10.2010 at about 5.00 p.m., he received credible information that near Islampur Masjed at public place some persons were indulged in playing Matka. Based on the said information, he conducted a raid along with staff and panch witness and arrested some persons as also seized some articles which were used for the purpose of plying the said Matka and thereafter registered a case under Section 78(3) of K.P.Act.
3. The Police without obtaining the prior permission of the jurisdictional Magistrate had gone ahead with the investigation and registered the above complaint against the petitioner.
4. Shri Anand.R.Kolli, learned counsel for the petitioner would contend that non obtaining 4 permission by the Police from the jurisdictional Magistrate is fatal and it is mandatory for such permission to be obtained in terms of Section 155(2) of the Cr.P.C., hence it is required that this Court exercise its power under Section 482 of Cr.P.C. to quash the said proceedings.
5. Heard Shri Anand R.Kolli, learned counsel for the petitioner and the learned HCGP and perused the records.
6. The question that would arise for determination is that in the present facts and circumstances of the case is the mandatory requirement contained under Section 155(2) for the purpose of initiating investigation and the consequent steps to be taken thereon, has been obtained.
7. A perusal of Sections 155(1) and (2) of Cr.P.C.
would indicate that whenever there is a non cognizable offence, which is to be investigated, it is 5 the duty of the concerned Police Officer to enter the details of the same in the Station House Diary, and send the information to the concerned Magistrate under Section 155(1) of the Cr.P.C. and in terms of Section 155(2) of the Cr.P.C. permission has to be obtained from the jurisdictional Magistrate to initiate the investigation therein and or the proceedings against the accused therein.
8. A perusal of the record available would indicate that no such permission from the jurisdictional Magistrate has been obtained. Therefore, there being a substantive violation of the mandatory procedural law. The proceedings cannot be continued against the petitioner herein.
9. In view of the above, I pass the following:
ORDER
(i) The petition is allowed;
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(ii) The proceedings initiated before the
Principal Civil Judge and JMFC
Gangavathi in C.C.No.2213/2018
against the petitioner for the offences punishable under Section 78(3) of Karnataka Police Act, in Crime No.282/2018 (C.C.No.2213/2018) registered by the Town Police Station Gangavathi, District Koppal, are hereby quashed;
(iii) Liberty is however reserved to the jurisdictional police to obtain necessary permission from the jurisdictional Magistrate and initiate the investigation as regards the petitioner.
In terms of the above direction, the petition is disposed of.
Sd/-
JUDGE msr