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 articles by respondent Nos. 4 and 5, the petitioner has filed this writ petition contending that sections 78, 79 and 80 of the Karnataka Police Act ("K.P. Act" for short) applies only to the gaming home and not for recreation club which conducts only game of skill and hence, prima facie interference by respondent Nos. 4 and 5 is illegal and contrary to the provisions of the K.P. Act. Further it is contended that in view of section 176 of the K.P. Act, the provisions of sections 79 and 80 of the K.P. Act are not applicable to pure game of skill and therefore, registration of the FIR and the consequent investigation conducted by the respondents being contrary to the provisions of law, is liable to be set-aside. It is further contended that the proceedings are initiated against the petitioner in violation of the provisions of section 155 of Cr.P.C., which mandatorily requires the orders of the Magistrate for registration of the case. On these grounds, the petitioner has sought for following reliefs:

(a) Quash the case registered in FIR No. 45/2017 dated 8.3.2017 vide Annexure-B on the file of KP Agrahara Police Station;

(b) Directing the Commissioner of Police/Respondent No. 2 to hold departmental enquiry as per the Supreme Court guidelines against the 4th respondent and to take actions as per law.

(c) Restraining the respondent's not to intervene with the smooth functioning of the recreation club- 'Kitty Family Recreation Club'.

(d) Declare Poker played in a computerized electronic machine (video games), Fantastic 3 played with 3 dice and 6 colour pin as a game of skill and pass such other order's which the Hon'ble Court deems fit in the ends of law and justice.

(e) Direct the Registrar General of High Court Bengaluru to direct all the Magistrates not to give blanket permission mechanically, unless and until the Magistrates satisfies with the report submitted by the Police;

(f) Direct the respondent No. 4 to issue a detailed notice to the club management, if any illegality found in the club and call for an explanation from the club Management, as per CrPC 1973 (155) 41, A, B, C and also discharge their duties as per the directions given by the Apex Court and High Court of Karnataka.

(g) Declare that, KP Act 79 & 80 does not apply for registered recreational clubs; this applies only for the gaming houses;

(h) Pass such other order or order deems fit in the facts and grounds of the case, and in the ends of law and justice.

3. I have heard the learned counsel for the petitioner and the learned HCGP for respondent Nos. 1 to 4 and perused the FIR and the documents produced by the petitioner at Annexures 'A' to 'F'.

4. Petitioner has placed reliance on large number of authorities to contend that the action taken against the petitioner by respondent Nos. 4 and 5 is illega