Karnataka High Court
Byadara Pakkirappa S/O Hussenappa vs The State Of Karnataka on 18 July, 2022
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101852 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101852 OF 2022 (482)
BETWEEN:
BYADARA PAKKIRAPPA S/O HUSSENAPPA
AGE. 60 YEARS, OCC. LABOURER
R/O. NAGALAPUR VILLAGE,
TQ. SIRUGUPPA,
DIST. BALLARI - 583101.
...PETITIONER
(BY SRI B.C.JNANAYYA SWAMI, ADV.)
AND:
THE STATE OF KARNATAKA
REP BY ITS SPP,
HIGH COURT OF KARNATAKA BENCH,
DHARWAD - 580001.
(THROUGH HATCHOLLI P.S)
...RESPONDENT
(BY SRI RAMESH CHIGARI, ADV.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
Digitally signed by PRARYING TO QUASH THE ENTIRE PROCEEDINGS IN
ANNAPURNA
CHINNAPPA C.C.NO.34/2017 CIVIL JUDGE AND JMFC SIRUGUPPA (ARISING OUT
DANDAGAL
Location: HIGH OF CRIME NO.2/2017 REGISTERED HATCHOLLI P.S) FOR AN
COURT OF
KARNATAKA
DHARWAD OFFENCE PUNISHABLE U/S. 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.
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CRL.P No. 101852 of 2022
ORDER
Learned High Court Government Pleader is directed to take notice for the respondent-State.
2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
3. This petition is filed under Section 482 of the Code of Criminal Procedure with the following prayer :-
"Wherefore the petitioner respectfully prays that this Honb'le Court may be pleased to quash the entire proceedings in C.C.No.34/2017 on the file of learned Civil Judge & JMFC, Siruguppa (Arising out of Crime No.2/2017 registered Hatchoolli P.S) for an offence punishable U/s 78(3) of Karnataka Police Act 1963 by allowing the Criminal Petition in the interest of justice."
4. Brief facts of the case are as under :-
The Sub-Inspector of Police, Hacholli Police Station, lodged a complaint to the Station House Officer, Hatcholli Police Station, against the petitioner on 13.01.2017 -3- CRL.P No. 101852 of 2022 contending that, on 13.01.2017 at about 5.00 p.m., after completion of APMC election when he was on patrolling duty in the villages, received a credible information that, in-front of Agase Bagilu of Nagalapura village in the public place, within the jurisdiction of Hacholli Police Station some persons were indulged in playing Matka activities. Based on the same, he conducted raid along with his staff and seized some articles which were used for the purpose of plying "Matka" and also an amount of Rs.2,215/- was recovered in the presence of panchas and lodged a complaint.
5. Based on the said complaint, the Station House Officer, Cowl Hacholli Police Station registered a case against the petitioner under in Crime No.2/2017 for the offence punishable under Section 78(3) the Karnataka Police Act, 1963 ("KP Act" for short) and investigating the matter. The same is challenged by the petitioner-accused before this Court.
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6. Whether at all, the action initiated by the Police against the petitioner could be further continued or not is no longer res-integra in view of the authoritative pronouncement of this Court in the case of Eranna and others Vs. State of Karnataka reported in 1977(1) KAR.L.J.274, which has been consistently followed by this Court.
7. The dictum laid down by this Court in Eranna's case would be squarely applicable to the case on hand insofar as the jurisdictional police registering the case and investigating the matter and filing the charge sheet. Further, the action against the petitioner pending in C.C.No.34/2017 in pursuance of the charge sheet filed by the police, cannot be continued further. Hence, the following order.
ORDER The petition filed under Section 482 of Cr.P.C. is allowed.
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Entire proceedings in C.C.No.34/2017 on the file of Principal Civil Judge (Sr.Dn.) & CJM, Siruguppa, in pursuance of a case registered in Crime No.2/2017 by Hatcholli Police Station for the offence punishable under Section 78(3) of Karnataka Police Act are hereby quashed.
SD/-
JUDGE EM