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5. At the outset, the factual matrix of these cases are relevant before enumerating and answering the legal questions raised by the learned counsels for the petitioners and lengthy arguments advanced on both the sides.

6. Different Police stations particularly by name Cowl Bazaar, Bruce pet, Gandhinagar, APMC Yard, Bellary Rural and Extension Police in Bellary, TB Dam Police and Town Police Station, Hospet in Bellary District (Respondents in the above said cases) have on different dates, on receiving credible information that some people were indulged in playing 'Matka' at several areas situated within the jurisdiction of the above said Police Stations, conducted raids along with their respective police staff and panch witnesses. During the course of investigation, the police have arrested some of the accused persons and seized some articles which were used for the purpose of playing the said game of 'Matka' and thereafter, registered cases respectively and specifically u/s.78(3) of the Karnataka Police Act (hereinafter referred to as 'K.P Act' for short. After, due investigation on different dates, the respective police have submitted charge sheets against the accused (petitioners herein) for the offence specifically under Section 78 (3) of the K.P Act.

46. Recaptuating to the factual matrix of the cases involved at the cost of repetition, it is clear from the records that the police have received the credible information with regard to some persons playing matka at different places in the District of Bellary within the jurisdiction of several Police Stations on different dates. It appears, the police have recorded the information in the register maintained in the Station and then preceded to the spot. The further peculiarity is after coming back from the spot, the Police have registered cases with detailed information u/s.78(3) of the KP Act and submitted the FIR to the Magistrate. And even at that stage also, the police have never taken any permission from the concerned Magistrate for the purpose of further investigation and for submission of the charge sheet before the Court. It is also relevant to note here, the charge sheets were filed subsequently some time after sending of the FIR to the Magistrate. The incurable defect or illegality in the investigation also prohibit the Magistrate from taking cognizance on the basis of such report unless the said report is treated as a complaint u/s.2(d) of Cr.PC. The violation of the mandatory provision vitiates the entire investigation and the cognizance and continuation of the case before the criminal court if the trial is not concluded. Sec.155 of Cr.P.C is not a directory but it is a mandatory provision in view of the word "shall" used in the said provision.

66. With these observations, I am of the opinion that all the Criminal Petitions deserves to be allowed. Hence, the following:

:ORDER:

1. All the Criminal Petitions are allowed.

Consequently, the proceedings in the following cases which are called in question in the above respective Criminal Petitions are hereby quashed:

(1) CC No.365/2010 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (2) CC No.433/2010 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (3) CC No.486/2010 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (4) CC No.491/2011 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (5) CC No.168/2012 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (6) CC No.119/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (7) CC No.638/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (8) CC No.879/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (9) CC No.878/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (10) CC No.932/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (11) CC No.1035/2011 on the file of II Addl.

Civil Judge (Jr. Dn.) & JMFC, Bellary (12) CC No.74/2014 on the file of I Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (13) CC No.1030/2011 on the file of I Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (14) CC No.502/2012 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (15) CC No.478/2012 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (16) CC No.637/2013 on the file of II Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (17) CC No.348/2011 on the file of I Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (18) CC No.291/2013 on the file of I Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (19) CC No.1161/2013 on the file of I Addl. Civil Judge (Jr. Dn.) & JMFC, Bellary (20) CC No.1076/2013 on the file of I Addl. Civil Judge & JMFC, Bellary (21) CC No.1036/2012 on the file of Prl. Civil Judge & JMFC, Bellary (22) CC No.1066/2012 on the file of Prl. Civil Judge & JMFC, Bellary (23) CC No.1576/2013 on the file of Prl. Civil Judge & JMFC, Bellary (24) CC No.841/2013 on the file of II Addl. Civil Judge & JMFC, Bellary (25) CC No.1699/2013 on the file of Prl. Civil Judge (Jr. Dn.) & JMFC, Bellary (26) CC No.1067/2012 on the file of Prl. Civil Judge & JMFC, Bellary (27) CC No.61/2014 on the file of II Addl. Civil Judge & JMFC, Bellary (28) CC No.116/2013 on the file of II Addl. Civil Judge & JMFC, Bellary (29) CC No.713/2012 on the file of II Addl. Civil Judge & JMFC, Bellary (30) CC No.1014/2011 on the file of Prl. Civil Judge & JMFC, Bellary (31) CC No.1352/2012 on the file of the Addl. Civil Judge & JMFC, Court, Hospet (32) CC No.1237/2013 on the file of Addl. Civil Judge & JMFC, Court, Hospet (33) CC No.900/2012 on the file of Prl. Civil Judge & JMFC Court, Hospet (34) CC No.259/2013 on the file of Prl. Senior Civil Judge & JMFC Court, Hospet, (35) CC No.809/2011 on the file of Addl. Civil Judge & JMFC Court, Hospet, (36) CC No.1080/2013 on the file of Prl. Civil Judge & JMFC Court, Hospet, (37) CC No.123/2014 on the file of Prl. Civil Judge (Jr. Dn.) & JMFC Court, Hospet, (38) CC No.1626/2013 on the file of Prl. Civil Judge & JMFC Court, Hospet, (39) CC No.796/2012 on the file of Prl. Civil Judge & JMFC Court, Hospet, (40) CC No.842/2012 on the file of Prl. Civil Judge & JMFC Court, Hospet, (41) CC No.1505/2013 on the file of Prl. Civil Judge & JMFC Court, Hospet, (42) CC No.1625/2013 on the file of Prl. Civil Judge & JMFC Court, Hospet, (43) CC No.259/2012 on the file of II Addl. Civil Judge & JMFC Court, Bellary,