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Karnataka High Court · body

2020 DIGILAW 126 (KAR)

Rajesh v. State

2020-01-14

B.A.PATIL

body2020
JUDGMENT 1. The present petition has been filed by the petitioners-accused Nos.1, 2, 4, 11, 13, 15, 18, 21, 27, 29, 32, 38, 39, 42, 45, 47, 53, 59 and 63 under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.1205/2017 on the file of Principal Civil Judge (Sr.Dn.) and CJM Court, Chirtradurga, for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963. 2. I have heard the learned counsel for the petitioners-accused and the learned Additional S.P.P. for respondent-State. Perused the case papers. 3. The case of the prosecution in brief is that on 8.7.2017 on receiving a credible information, respondent police along with panchas had visited Harsha Sports Paradise Club, Chitradurga at about 4.00 p.m. and found that several persons were playing Andar-Bahar card game by putting money on the table. Later the accused persons after seeing the police had tried to escape and as such respondent had arrested petitioners and seized the playing cards as well as the amount laid on the table. On the basis of the complaint a case has been registered and after investigation charge sheet has been filed. 4. It is the main contention of the learned counsel for the petitioners that the alleged offences are under punishable Sections 79 and 80 of the Karnataka Police Act and admittedly they are non-cognizable offence. It is his further submission that as per Section 155(2) of Cr.P.C. before registration of the case prior permission of the jurisdictional Magistrate has to be obtained, but in the instant case no such permission has been obtained and even the permission obtained is without application of mind. The Magistrate has endorsed only permitted, it is not include the application of mind. It is his further submission that the proceedings initiated and filing of the charge sheet is nothing but abuse of process of law. It is his further submission that already accused Nos.6, 10, 31, 35, 51, 55, 57 and 54 had approached this Court in Criminal Petition No.845/2019 and the Co-ordinate Bench of this Court by order dated 19.2.2019 has already quashed the proceedings. Under the similar facts and circumstances, the learned counsel prays to quash the proceedings. 5. It is his further submission that already accused Nos.6, 10, 31, 35, 51, 55, 57 and 54 had approached this Court in Criminal Petition No.845/2019 and the Co-ordinate Bench of this Court by order dated 19.2.2019 has already quashed the proceedings. Under the similar facts and circumstances, the learned counsel prays to quash the proceedings. 5. Per contra, the learned Additional SPP submits that investigation has been completed after obtaining necessary permission as contemplated under Section 155(2) of Cr.P.C. and already charge sheet has been filed and at this juncture it is not a fit case to quash the proceedings. On these grounds he prayed to dismiss the petition. 6. On going through the records it indicates that on the basis of the credible information police made a raid and registered the case. In order to investigate and register the case under Section 155(2) of Cr.P.C. in case of non-cognizable offence before registration of the FIR, prior permission of the jurisdictional Magistrate has to be obtained. Though it is contended by the learned Additional SPP that prior permission has been obtained from the jurisdictional Magistrate, he has drawn the attention of this Court to the submission note made by the Investigating Officer dated 8.7.2017. On close reading of the said submission letter, the learned Magistrate has only endorsed permitted, but mere endorsement goes to show that it is without application of mind and casually in the course of official duty it has been endorsed. 7. Be that as it may. Even in the earlier order it has been observed that the learned High Court Government Pleader has not been able to demonstrate that such permission has been obtained by the prosecution before proceeding with the matter of investigation and in that light the proceedings has been already quashed. Under the said facts and circumstances, I am of the considered opinion that petitioners have made out a case so as to quash the proceedings. 8. In that light, the petition is allowed and the proceedings initiated in C.C.No.1205/2017 for the offences punishable under Sections 79 and 80 of the Karnataka Police Act pending on the file of Principal Civil Judge (Sr.Dn.) and CJM Court, Chitradurga, are hereby quashed insofar as petitioners-accused Nos.1, 2, 4, 11, 13, 15, 18, 21, 27, 29, 32, 38, 39, 42, 45, 47, 53, 59 and 63 are concerned.