ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned High Court Government Pleader is directed to accept notice for the respondent-State.
2. This petition is filed seeking quashing of the proceedings pending in C.C.No.2499/2025 (arising out of Crime No.190/2025 of Manvi Police Station) before the Civil Judge and JMFC Court, Manvi, for the offence punishable under Section 78(3) of the Karnataka Police Act.
3. The case of the prosecution is that on 23.07.2025, at about 09-30 p.m., the PSI of Manvi Police Station on credible information, conducted a raid along
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with panchas in Janata Colony, beside Abhaya Dhaba at Pothnal village and found that the accused were involved in Matka gambling. The respondent/complainant found that the accused was involved in Matka gambling and therefore recovered a sum of Rs.1,260/-, one Matka Chit and one Ball pen from accused No.1.
4. It is further alleged in the complaint that accused No.1 took the petitioner's name and it is alleged that it is the petitioner/accused No.2, who was instructing and at his instance, accused No.1 was found to be involved in Matka gambling. Based on these information, police conducted a spot mahazar and subsequently, registered a case in Crime No.190/2025 on 24.07.2025, now numbered as C.C.No.2499/2025.
5. Learned counsel for the petitioner, reiterating the contentions urged in the petition, submitted that the alleged offence under Section 78(3) of the Karnataka Police Act is admittedly non-cognizable. Therefore, the
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registration and investigation of the case without prior permission of the jurisdictional Magistrate are in clear violation of sub-section (2) of Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Reliance is placed on a decision of the Co-ordinate Bench of this Court in an identical matter where proceedings initiated in contravention of the said provision were quashed. Accordingly, it is contended that the present proceedings also deserve to be quashed on the same ground.
6. Per contra, the learned High Court Government Pleader submitted that the investigation was conducted strictly in accordance with law and that the procedural requirements were duly complied with. Hence, it is contended that no interference is warranted by this Court.
7. On perusal of the records, it is evident that the Investigating Officer proceeded to investigate the matter without complying with the mandatory requirement under sub-section (2) of Section 174 of the Bharatiya Nagarik
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Suraksha Sanhita, 2023, which expressly prohibits investigation of a non-cognizable case without an order from a Magistrate having jurisdiction. In the present case, no such order was obtained prior to initiation of investigation. This omission amounts to a violation of the statutory mandate and renders the entire investigation and subsequent proceedings illegal and unsustainable in law.
8. For the foregoing reasons, this Court passes the following:
ORDER
(i) The Criminal Petition is hereby allowed.
(ii) The entire criminal proceedings in C.C.No.2499/2025, arising out of Crime No.190/2025 registered by Manvi Police Station, for the offence punishable under Section 78(3) of the Karnataka Police Act, pending before the Civil Judge and JMFC
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Court, Manvi, insofar as the petitioner is concerned, are hereby quashed.
(iii) All pending interlocutory applications, if any, stand disposed of.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
RSP
List No.: 2 Sl No.: 13
CT:SI