The central legal point established in the judgment is the mandatory requirement for the Investigating Officer to obtain permission from the Magistrate before investigating a non cognizable offence under section 155(2) of Cr.P.C.

H.P. SANDESH, J.

1. Heard the arguments of petitioners' counsel and the HCGP for respondent.

2. The factual matrix of the case is that on 7.10.2013, Hosapete Rural Police have registered a case in Crime No.170/2013, for the offence punishable under sections 79 and 80 of the Karnataka Police Act against these petitioners and other accused persons. It is alleged in the complaint that on 7.10.2013 the complainant received a credible information that some people are playing 'Andar Baahar' gaming at Balaji Sports Recreation Club. Immediately after obtaining information, the Investigating Officer along with raiding staff conducted raid on the premises of Balaji Sports Recreation Club and intercepted these petitioners and other accused paying 'Andar Baahar' gaming. The complainant after conducting raid, prepared seizure panchanama and registered a case in Crime No.170/2013. The police after completion of the investigation submitted charge sheet against the petitioners and other accused persons. The petitioners being aggrieved by the initiation of the proceedings have filed this petition invoking section 482 of Cr.P.C., to quash the proceedings initiated against these petitioners for the offence punishable under sections 79 and 80 of the Karnataka Police Act.

3. The main contention of the petitioners is that the learned Magistrate has not passed any orders under section 155 (2) of Cr.P.C. granting permission to the respondent police to investigate the case. In the absence of permission from the learned Magistrate, the very registration of crime and the consequent investigation and the final report filed by the Investigating Officer is bad in law for non compliance of section 155(2) of Cr.P.C. The very initiation of the proceedings against these petitioners without there being any material to show that they have committed the alleged offence, infringes the personal liberty of the petitioners guaranteed under Article 21 of the Constitution of India. It is further contended that the Balaji Sports Recreation Club is a registered Club registered under the Societies Registration Act and therefore it cannot be said that the gaming which was running at the time of raid was illegal. The club has permission to run the gaming in the premises and hence prayed this Court to quash the proceedings.

4. The petitioners' counsel in his argument he has reiterated the grounds urged in the petition and further contended that the mandatory provision of section 155 (2) has not been complied and hence the proceedings do not survive for consideration unless permission is obtained from the Magistrate.

5. Per contra, the HCGP in his arguments contends that the police have conducted the surprise visit and found these petitioners are playing 'Andar Baahar' and seized mobile and cash and also 27 vehicles and thereafter conducted investigation and filed the charge sheet and this Court cannot invoke section 482 of Cr.P.C.

6. Having heard the arguments of the petitioners' counsel and also the HCGP, this Court has to examine whether this Court can exercise the powers under section 482 of Cr.P.C. in the case on hand.

7. The main contention of the petitioners' counsel in his arguments is that the offence alleged against the petitioners is non cognizable offence and once if it is a non cognizable offence, under section 155(2) of Cr.P.C., the concerned Investigating Officer has to inform the concerned Magistrate and take permission from the concerned Magistrate to continue the investigation. On perusal of the material placed before the Court, this Court do not find any such permission is obtained by the Investigating Officer from the concerned Magistrate. The HCGP also submits that permission is not obtained in order to investigate the matter. This Court would like to refer section 155 (1) and (2) of Cr.P.C. The proviso reads as follows:

155. Information as to non-cognizable cases and investigation of such cases. (1) When information is given to an officer in charge of a