Point of law: illegal gambling - No compliance of Section 155(2) CR.PC required - requisition was given to the learned Magistrate and obtained the permission from the learned Magistrate, the FIR is registered and an investigation is conducted. Thereafter, the Police have filed the charge sheet for the offence ounishable under Section 80 of the Karnataka Police Act

ORDER :

1. This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the entire proceedings in C.C. No. 978/2020 registered by the respondent-Police in Crime No. 12/2020 on the file of II Additional Civil Judge and JMFC at Chikkamagaluru.

2. The factual matrix of the case is that the respondent-Police on receipt of a credible information that some people were playing illegal gambling at Senior Citizens Service Centre, the same was entered in the Station House Diary at 18:30 hours and thereafter, obtaining the search warrant from Dy. S.P. conducted the raid and seized an amount of Rs. 12,550/- and immediately, they registered N.C. No. 36/2020 against the petitioners herein and thereafter, obtained the permission from the concerned Jurisdictional Magistrate and registered the case against the petitioners.

3. Learned counsel appearing for the petitioners would submit that without obtaining the permission, the Police have conducted the raid and investigated the matter and there is a clear non-compliance of Section 155(2) of Cr.P.C. Therefore, the very initiation of the proceedings against the petitioners herein for the offence punishable under Section 80 of the Karnataka Police Act, 1963 vitiates. Hence, it requires interference of this Court.

4. Per contra, learned High Court Government Pleader appearing for the State would submit that on receipt of a credible information, an entry was made in Station House Diary at 18.30 hours and thereafter, obtaining the permission from Dy. S.P. the raid was conducted and thereafter, N.C. was registered. The investigation was commenced only with the permission of the Magistrate and hence, there cannot be any quashing of the proceedings.

5. Having heard both the learned counsel for the petitioners and the learned High Court Government Pleader for State and on perusal of the records, it discloses that at 18.30 hours, a credible information was received that in Senior Citizens Service Centre, people were indulged in illegal gambling of Andar-Bahar and the same was entered in the Station House Diary in compliance of Section 155(1) of Cr.P.C. Here there is no dispute with regard to the compliance of Section 155(1) of Cr.P.C. The main contention of the learned counsel for the petitioners before this Court is that there is a non-compliance of Section 155(2) of Cr.P.C.

6. Having perused Section 155(2) of Cr.P.C. it is clear that no police officer shall investigate the non-cognizable offence without the order of a Magistrate having power to try such case or commit the case for trial. The very contention of the learned High Court Government Pleader appearing for the State is that after making the entry in the Station House Diary, search warrant is obtained under Section 81 of Cr.P.C. from the Dy. S.P. and the raid was conducted. After conducting the raid, the amount of Rs. 12,550/- was seized and the same was entered in N.C. No. 36/2020, which is a case of non-cognizable offence and thereafter, approached the learned Magistrate seeking for permission to investigate the matter.

7. This Court would like to extract Section 81 of the Karnataka Police Act, 1963, which states the provision relating to entry, search etc. by the police officers in gaming-house and the same reads as below:-

Section 81. Entry, search, etc. by Police Officers in gaming-house - It shall be lawful for a Police Officer:

(i) in the City of Bangalore not below the rank of a Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the District Magistrate or Sub-Divisional Magistrate, or Commissioner of Police or Superintendent of Police; or Deputy Commissioner of Police, Assistant Superintendent of Police or Deputy Superintendent of Police or Assistant Commissioner of Police.

(ii) elsewhere not below the rank of a Sub-Inspector of Police [and either empowered by general order in writing or authorised in each case by special warrant issued] by a District Magistrate