Karnataka High Court
Sri. Kuppuraj vs State Of Karnataka on 21 February, 2023
Author: K.Natarajan
Bench: K.Natarajan
-1-
CRL.P No. 1409 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1409 OF 2023
BETWEEN:
1. SRI. KUPPURAJ
AGED ABOUT 50
S/O DAAS
NO 57 INDIAN BAKERY
NEAR EJEEPURA
BENGALURU 560047
2. SRI RAJENDRAN
S/O LOODI SWAMY
AGED ABOUT 57 YEARS
R/A NO 185 7TH MAIN
9TH CROSS
RAJENDRA NAGARA
BENGALURU 560047
...PETITIONERS
(BY SRI. SRINATHA B.V., ADVOCATE
FOR SRI. ANAND R V.,ADVOCATE)
AND:
Digitally signed by
BHAVANI BAI G 1. STATE OF KARNATAKA
Location: High H S R LAYOUT POLICE
Court of Karnataka
REPRESENTED BY
STATE PUBLIC PROSECUTOR
BENGALURU 560001
...RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.11756/2020 (CR.NO.88/2020 OF H.S.R LAYOUT POLICE
STATION) WHICH IS PENDING ON THE FILE OF 37th ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE BENGALURU OF THE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 188 IPC AND 79,80 OF
K.P ACT.
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CRL.P No. 1409 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Though the matter has come up for hearing on I.A., heard finally.
2. This petition is filed by the petitioners-accused Nos.3 and 7 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.11756/2020 arising out Crime No.88/2020 registered by the H.S.R. Layout Police Station, Bengaluru and charge-sheeted for the offence punishable under Section 188 of IPC and Sections 79 and 80 of the Karnataka Police Act, 1963 (for short 'K.P. Act').
3. Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
4. The case of the prosecution is that the suo motu complaint registered by H.S.Jagadeesh, Police Inspector of H.S.R. Layout Police Station on 31.05.2020 alleging that on the credible information, he raided the place situated at No.964, MR complex, 1st floor, 27th main road, HSR Layout 1st sector, -3- CRL.P No. 1409 of 2023 where the accused persons found playing the Andhar Bahar play cards, gambling. They apprehended the accused and seized more than Rs.1,06,000/-, they registered the case in Crime No.88/2020 for the aforementioned offences, which is under challenge.
5. Learned counsel for the petitioners submits that under Section 188 of IPC, the Court cannot take cognizance until a complaint is filed by the complainant under Section 200 of Cr.P.C. There is a bar under Section 195 of Cr.P.C. for taking cognizance. He further contended that Sections 79 and 80 of the K.P. Act are non-cognizable offences, the police without obtaining permission of the Magistrate have purposely added Section 188 of IPC, which is not applicable for this case. Hence, prayed for quashing the criminal proceedings.
6. Per contra, learned High Court Government Pleader objected the petition.
7. Having heard the arguments and on perusal of the records, as per the allegation made in the complaint, the petitioners were said to be playing Andhar Bahar with playing cards in the complex which attract Sections 79 and 80 of the -4- CRL.P No. 1409 of 2023 K.P. Act and Section 188 of IPC will not attract, as they have not violated any promulgation of the State during the Lockdown, they were playing in the complex i.e., within the premises. Therefore, Section 188 of IPC does not attract and Sections 79 and 80 of K.P. Act will attract for gambling which is a non cognizable offence. Therefore, the offence under Sections 79 and 80 of K.P. Act, a Police have no authority to register FIR without permission of the Magistrate under Section 155 of Cr.P.C.
8. That apart, even if Section 188 of IPC is considered, there is a bar under Section 195 of Cr.P.C. for taking cognizance except on the complaint filed by the informant. Therefore, the FIR cannot be registered against the petitioners for the offence punishable under Section 188 of the IPC. Such being the case, the Police purposely in order to avoid or taking the permission under Section 155 Cr.P.C., added Section 188 of IPC, but they have forgotten to know that the complainant required to file complaint before the Magistrate and there is a bar under Section 195 of Cr.P.C. Such being the case, in both the counts, the criminal proceedings is not sustainable under the law and it is nothing but abuse of process of law. -5- CRL.P No. 1409 of 2023
9. Accordingly, the petition is allowed.
The criminal proceedings against accused Nos.3 and 7 in C.C.No.11756/2020 arising out Crime No.88/2020 registered by the H.S.R. Layout Police Station, Bengaluru, pending on the file of 37th Additional CMM, Bengaluru is hereby quashed.
10. The amount seized by the Police is ordered to be forfeited to the state after completion of the trial against the other accused persons.
Sd/-
JUDGE GBB List No.: 1 Sl No.: 26