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2018 Supreme(Kar) 1125

JOHN MICHAEL CUNHA
Hariraj Shetty – Appellant
Versus
Secretary Home Affairs, Government of Karnataka – Respondent


Advocates Appeared:
For the Appellant : S. Balakrishnan, Adv.
For the Respondents: S. Rachaiah, HCGP

ORDER :

John Michael Cunha, J.

1. Petitioner claims to be a Consultant of the Kittys Family Recreation Club. According to him, he is neither the office bearer nor the member of the said club, but the 5th Respondent has registered a case against him and others in Crime No. 45 of 2017, alleging that poker game and wagering were being played by non-members of the said club in violation of the conditions stipulated in the license, causing disturbance to the peace and tranquility of general public and neighbouring shop owners. Hence, the complainant obtained search warrant from the Assistant Commissioner of Police and raided the club on 07.03.2017. During raid, they apprehended accused Nos. 1 to 11 and recovered cash of Rs. 18,825/-, two sheets paper having details of money received from customers, 52 keys (video game machine keys), 26 mother boards etc. On 08.03.2017, the SHO of K.P. Agrahara Police sought permission of the Court for registration of the case and pursuant to the orders of the Court, registered a case in Crime No. 45 of 2017 for the offences punishable under sections 79 and 80 of the Karnataka Police Act.

2. Feeling aggrieved by the raid, arrest and seizure of the above art

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