Rajesh Reddy S/o Ameenreddy v. State through Yadgir Town Police Station (By Addl. SPP)
2017-02-03
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused Nos.1 and 4 under Section 482 of Cr.P.C. for quashing of the proceedings initiated in Crime No. 288/2015 of Yadgir Town Police Station (C.C.No.445/2016 pending on the file of Senior Civil Judge and C.J.M., Yadgir), registered for the offences punishable under Sections 79 and 80 of Karnataka Police Act, 1963. 2. Brief facts of the case are that, a suomoto complaint was registered by the Sub-Inspector of Police, Yadgir Town Police Station on 03.10.2015 alleging that on 02.10.2015 at about 6.45 p.m., he along with DSP, staff and panch witnesses went to Ashraya Lodge on credible information. There, they noticed that the accused were playing Andar Bahar cards in room No.202 and they also found 78 persons inside the room and playing the same game. By seeing the police, the persons who were playing the Andar Bahar game fled away from the clutches of the police and there they have recovered Rs.57,000/- and 52 cards under a seizer mahazar and one person who has been apprehended was brought to the police station and thereafter, a case has been registered against the accused persons under Sections 79 and 80 of the Karnataka Police Act. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that the very registration of the case under the Karnataka Police Act is arbitrary, illegal and not sustainable in law and facts. It is contended that since the offences alleged are non-cognizable offences, the police ought to have taken the prior permission of the Magistrate to proceed with the matter immediately after receiving the credible information. It is also contended that the action taken by the police without permission of the Magistrate amounts to the illegality and it is hit by Section 155(2) of Cr.P.C. It is further contended that the police haven not immediately made entry into the diary of the police prior to proceeding to the alleged place of incident. On these grounds, he prays for allowing the petition by quashing the proceedings. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the Magistrate has given permission to the requisition made by the concerned police on 02.10.2015.
On these grounds, he prays for allowing the petition by quashing the proceedings. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the Magistrate has given permission to the requisition made by the concerned police on 02.10.2015. He has also contended that there is no irregularity committed at the time of raiding and seizing the articles and apprehending the accused. He has further contended that at this premature stage, this Court cannot interfere with and quash the proceedings. On these grounds, he prays for dismissal of the petition. 6. I have perused the records. The records reveal that the police officials after receipt of the credible information have no doubt sent a requisition on 02.10.2015 to the CJM, Yadgir and it also contains an endorsement for having permission to have a raid. But, on close reading of the said endorsement, it reveals that the permission has been granted on 03.10.2015 by the learned Magistrate. When the permission has been granted on 03.10.2015, that itself indicates that as on the date of the raid, the respondent police were not having any permission from the jurisdictional Magistrate to proceed with the said action. When the raid has been conducted without permission as contemplated under Section 155(2) of Cr.P.C., then the entire proceedings which are said to be conducted by the police are also violating the said provisions of law. Taking into consideration the said aspect and the above said circumstances of the case, I am of the considered opinion that the proceedings which have been initiated by the respondent police are not in accordance with law and as per the procedure laid down under Section 155 of Cr.P.C. When that is the fact, then, I feel that the entire proceedings vitiate. Accordingly, the petition is allowed and the proceedings in Crime No. 288/2015 of Yadgir Town Police Station (C.C.No.445/2016 pending on the file of Senior Civil Judge and CJM, Yadgiri) are quashed. In view of disposal of the petition, I.A.No.1/2017 filed for stay does not survive for consideration and is accordingly disposed of.