Research › Search › Judgment

Karnataka High Court · body

2018 DIGILAW 654 (KAR)

Rahul S/o Gunshyam v. State of Karnataka

2018-06-04

K.N.PHANEENDRA

body2018
ORDER : 1. The petitioners, who are arrayed as accused Nos.1 to 3 in CC No.308/2017, arising out of Crime No.70/2016 pending on the file of the JMFC II Court, Davanagere, for the offence punishable under section 78(6) of Karnataka Police Act, have filed this petition seeking quashing of the said proceedings. 2. The learned counsel for the petitioners strenuously contends that none of the offence invoked by the Police at the time of registering the FIR or the offence alleged in the charge sheet are attracted, on plain reading of the charge sheet itself. Therefore, he contends that the entire proceedings deserves to be quashed. 3. The brief factual matrix of the case are as follows: That on 16.4.2016 at about 8.00 p.m., on receipt of credible information, that some persons are betting for IPL Cricket Match between Gujarath Lions and Mumbai Indians, the Police Inspector attached to KTJ Nagar Police Station, Daanagere Central Circle, had been to Bagatsingh nagar, along with his staff went to a Lodge situated at P.B. Road and found in Room No.152 of the said Lodge were betting watching Television. Further, it is alleged that those two persons i.e., Rahul and Rakesh were in the said room, watching television and they have collected money from the public and not repaying the same as agreed. Therefore, the Police have arrested them and seized certain articles and after thorough investigation filed charge sheet. 4. As could be seen from the entire charge sheet papers, no independent witnesses have been examined with reference to the betting and who are all the persons who have participated in the betting and paid money to the accused persons and how much money being paid or whether any complaint alleged was made in this regard or not. Therefore, there cannot be any clap without two hands, unilaterally, the accused cannot play gambling without the help of the public at large as mentioned in the complaint as well as in the charge sheet. None of the witnesses have been examined by the Police to show that who is the person who has actually misappropriated in not giving money back to them. Under the above said circumstances, when the offence itself is not constituted on the basis of the charge sheet papers, nothing remains for consideration and hence the proceedings deserves to be quashed. 5. Under the above said circumstances, when the offence itself is not constituted on the basis of the charge sheet papers, nothing remains for consideration and hence the proceedings deserves to be quashed. 5. One of the important aspect that has to be taken into consideration at the initial stage is that, the Police have registered a case for the offence punishable under section 420 of IPC, but there is absolutely no allegations of whatsoever in the FIR in order to attract Section 420 of IPC. Perhaps, it may be the reason the Police have invoked Section 420 of IPC without any substance so as to avoid the provisions of Section 155(2) of Cr.P.C. and taking permission to investigate a non cognizable offence. The attitude of the Police, in my opinion, has to be deprecated, if they act in such a manner. Further, the court has to view hereinafter seriously. Therefore, in my opinion, the Commissioner of Police has to take appropriate measure in this regard in properly guiding the Police officers who are in the helm of affairs during investigation. 6. Therefore, I am of the opinion that a copy of this judgment shall be marked to the Commissioner of Police so as to take appropriate action in properly guiding the Police Officers in this regard. Hence, I pass the following: ORDER The Petition is allowed. The entire proceedings in CC No.308/2017 arising out of Crime No.70/2016 registered by KTJ Nagar Police Station on the file of II JMFC Court, Davanagere, are hereby quashed. Registry to communicate a copy of this order to the (Corrected vide Chamber Order dated 19.06.2018.) Superintendent of Police for needful action.