ORDER : Petitioners are accused Nos.1 to 11 in C.C. No.247/2017 (Crime No.226/2016), registered by Sakaleshpura Town Police Station for the offence punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 (hereinafter referred to as ‘the Act’ for short). 2. Petitioners are before this Court for quashing of the proceedings initiated by the respondent-Police for the above said offences under the Act. 3. Facts in brief which has lead to filing of this petition are as under: It is the case of the prosecution that on 09.10.2016, respondent had received credible information about certain persons having indulged in playing cards game of ‘Andhar-Bahar’ at Hemavathi Recreation Club, Sakaleshpura Town and as such, police raided the said place and seized the articles used for illegal activities and filed a charge-sheet against petitioners for the offence punishable under Sections 79 and 80 of the Act. The jurisdictional Magistrate has taken cognizance of the offences and ordered to register a criminal case against petitioners/accused and as such, being aggrieved by the initiation of proceedings, petitioners have approached this court for quashing of said proceedings. 4. When a non-cognizable offence is reported to the police, they are not empowered to raid the place, investigate the matter and register an FIR without compliance of Section 155(2) of Cr.P.C. namely, without obtaining prior permission of Magistrate. It is only after referring the complaint to the jurisdictional Magistrate and taking permission, they can investigate the matter. 5. In the instant case, undisputedly there is no such permission having been obtained by the jurisdictional police as required under Section 155 (2) of Cr.P.C on receiving credible information with regard to petitioners having committed a noncognizable offence. This Court in the case of MOINBASHAKURNOOLI vs. THE STATE OF KARNATAKA reported in 2015 CRIMINAL LAW JOURNAL 982 while dealing with scope and power of Section 155 (2) of Cr.P.C. has held that in respect of non-cognizable offence, particularly under the Karnataka Police Act, where Investigation Officer had conducted the investigation without obtaining prior permission of the jurisdictional Magistrate and without referring compliant to the Magistrate as required under Section 155(2) of Cr.P.C. had registered an FIR, then such proceedings would suffer from illegality. It is also held that compliance of Section 155 (2) is mandatory and not directory and therefore, investigation and report filed by the police officer in such case would not be legally sustainable. 6. It is also held that compliance of Section 155 (2) is mandatory and not directory and therefore, investigation and report filed by the police officer in such case would not be legally sustainable. 6. In the light of the aforesaid position of law, when facts on hand are examined, it would disclose that jurisdictional Police Officer on receiving credible information with regard to certain persons indulging in playing cards game, which attracts offence under Sections 79 and 80 of the Act, which is a non-cognizable offence and without taking permission of the Magistrate, having directly proceeded to the spot with panch witnesses, seized the incriminating articles and had also arrested the petitioners and after returning back to police station, had registered an FIR and submitted a Report to the jurisdictional Magistrate. Such procedure adopted by the jurisdictional Police is hit by Section 155(1) of Cr.P.C. In the absence of prosecution placing any material to establish such permission as required under Section 155 (2) of Cr.P.C. had been obtained from jurisdictional Magistrate, contention of the learned counsel appearing for petitioner deserves to be accepted. 7. In the light of the aforesaid discussion, this Court is of considered view that proceedings initiated by 1st respondent is in contravention of Section 155(2) of Cr.P.C. and being illegal, same cannot be sustained. As such, proceedings against petitioners is hereby quashed. Hence, I proceed to pass the following: ORDER (i) Criminal Petition is hereby allowed. (ii) Proceedings against petitioners pending in C.C.No.247/2017 (Crime No.226/2016) on the file of Civil Judge and JMFC, Sakaleshpura, Hassan District for the offence punishable under Sections 79 and 80 of the Act is hereby quashed. (iii) Petitioners are acquitted for the offences alleged against them.