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K. NATARAJAN
Ramanji S/o Late Narasappa – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. This petition is filed by the petitioner-accused No. 2 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No. 4389/2021 pending on the file of Prl. Civil Judge and JMFC, Pavagada in respect of Crime No. 213/2021 of Pavagada Police Station, Madhugiri Sub-Division, Tumakuru District for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short ‘K.P. Act’)
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.
3. The case of the prosecution is that the suo-motu complaint registered by the Police against accused No. 1 for the above said offence. Subsequently, the Police filed charge-sheet against this petitioner as accused No. 2 for the offence punishable under Section 78(3) of the K.P. Act alleging that on the credible information on 27.09.2021, the Police raided the spot where accused No. 1 found playing Matka assuring Rs. 70/- for one rupee, where the customers ran away and accused No. 1 found on the spot. Therefore, they seized the cash, articles and ball pen. Then they given notice to him to appear before the Police under Section 41 of Cr.P.C. Subsequ
Point of Law : Merely Police have not cited any independent witness in the charge sheet, but, that itself is not a ground to quash the criminal proceedings. [Para 9]
Failure to obtain permission for investigation in a non-cognizable offence under Sec. 155 of Cr.P.C vitiates the proceedings and warrants quashing of the same.
Failure to follow the mandatory procedure under Sec. 155 of Cr.P.C for non-cognizable offences vitiates the proceedings.
Failure to obtain permission for investigating a non-cognizable offence under Sec. 155 of the Cr.P.C can vitiate the proceedings and lead to the quashing of the FIR and complaint.
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 r....
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