Ibrahim vs State Of Karnataka on 23 September, 2019

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Karnataka High Court

Ibrahim vs State Of Karnataka on 23 September, 2019

Bench: P.S. Dinesh Kumar

                                     CRL.P. No.5565/2019

                                 1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF SEPTEMBER, 2019

                           BEFORE

     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

         CRIMINAL PETITION No.5565 OF 2019

BETWEEN :
1.     IBRAHIM
       S/O LATE MOHIDDIN SAB
       AGED ABOUT 45 YEARS
       R/AT N.S. TITTU
       HUNSUR TOWN
       MYSORE DISTRICT-577 231

2.     RAHAMATTHULLA SHARIFF
       S/O LATE ABDUL GAFUR
       AGED ABOUT 64 YEARS
       R/AT GARGESHWARI VILLAGE
       T.N. PURA, NEAR MAKKALLAMMA
       HUNSUR TOWN
       MYSORE DISTRICT-577 231

3.     TANU @ TANVEER @
       BASHEER AHMED
       S/O LATE FAYAZ AHMED
       AGED ABOUT 40 YEARS
       R/AT SHABBIR NAGAR
       HUNSUR TOWN
       MYSORE DISTRICT-577 231

4.     ZAMEER AHMED BAIG
       S/O NAZEER AHMED BAIG
       AGED ABOUT 34 YEARS
       R/AT SHABBIR NAGAR
       HUNSUR TOWN
       MYSORE DISTRICT-577 231

5.     MOHAMMED RAFFI @ RAFFIQ
       S/O LATE GULAM DASTAGIR
                                                CRL.P. No.5565/2019

                                 2



     AGED ABOUT 57 YEARS
     R/AT SHABBIR NAGAR
     HUNSUR TOWN
     MYSORE DISTRICT-577 231

6.   SYED KHALEEM
     S/O SYED AMEER
     AGED ABOUT 50 YEARS
     R/AT NO.2571, RAJIV NAGAR
     MYSORE CITY
     MYSORE DISTRICT-577 201                       ... PETITIONERS

(BY SHRI. B. LETHIF, ADVOCATE)

AND :
STATE OF KARNATAKA
REP. BY HUNSUR TOWN POLICE STATION
MYSORE DISTRICT.-577 231
REP. BY SPECIAL PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001                                  ... RESPONDENT

(BY SHRI. R.D. RENUKARADHYA, HCGP)
                            ....
      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.195/2018 (CR.NO.214/2017) OF HUNSUR TOWN POLICE ON
THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC, HUNSUR FOR
THE OFFENCE P/U/S 79 AND 80 OF K.P ACT.

     THIS CRL.P COMING ON- FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                           ORDER

Heard Shri.B.Lethif, learned Advocate for petitioners and Shri.R.D.Renukaradhya, learned HCGP for respondent-State.

CRL.P. No.5565/2019

2. Petitioner has challenged the proceedings initiated against him for violation of Sections 79 and 80 of Karnataka Police Act, 1963 (for short 'the Act') alleging that he was involved in gambling (Matka).

3. Shri. B.Lethif, submitted that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind. He further submitted that the police have registered FIR long after commencing the investigation for offences punishable under Sections 79 and 80 of the Act which are non-cognizable in nature. Raid was conducted on 10th July 2017 and FIR has been registered on 13th July 2017. Police have submitted a requisition to the learned Magistrate on 11th July 2017 seeking permission to investigate into the matter.

4. Perusal of requisition submitted by the Sub-Inspector of Police, Hunsur Town Police Station, Hunsur, annexed to the petition shows that the learned CRL.P. No.5565/2019 4 Magistrate has endorsed as 'permitted'. No reasons are recorded for granting permission.

5. This Court after adverting to earlier decisions, has taken a consistent view that a mere endorsement made by the learned Magistrate as 'permitted' without recording reasons 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)].

6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.195/2018 arising out of Crime No.214/2017 pending on the file of Principal Senior Civil Judge & JMFC, Hunsur are quashed so far as petitioners are concerned.

No costs.

Sd/-

JUDGE SPS

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