This petition is filed by the petitioner-accused Nos.1, 4, 5

and 7 under Section 482 of Cr.P.C. for quashing criminal

proceedings in C.C. No.4730/2023 arising out of crime

No.125/2022 registered by Chowk police, Kalaburagi, pending

on the file of the III Additional Civil Judge (Jr.Dn) & JMFC,

Gulbarga, for the offences punishable under Sections 79 and 80

of Karnataka Police Act.

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2. The case of prosecution is that on the suo moto

complaint registered by Chowk police alleging that, on

03.11.2022, on the credible information, they visited the house

of one Shama Rao, where these petitioners and others found

playing the game of gambling Andar Bahar by keeping money

with play cards and they seized the same under panchanama.

After obtaining warrant, they came to police station and

registered FIR and then the police filed charge sheet, which is

under challenge.

3. The learned counsel for the petitioners submits that

the police registered FIR without obtaining permission under

Section 155(2) of Cr.P.C. as the offence is non cognizable one.

Hence, prayed for quashing the charge sheet. In support of his

contention, the learned counsel has relied upon the judgment

of this Court in Criminal Petition No.6223/2020 dated

17.11.2021 and another judgment of Co-ordinate Bench of this

Court in criminal Petition No.200111/2022 dated 31.11.2022.

4. Per contra, learned High Court Government Pleader

objected the petition.

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5. Having heard the arguments of learned counsel for

the parties, perused the records.

6. On perusal of the records, it reveals that the Police

Sub-Inspector Shivappa received information on 03.11.2022 at

7.30 p.m., where the said persons were playing Andar Bahar

gambling in the building of Shama Rao. Immediately, he said

to be obtained warrant and securing the panchas, went to the

spot and seized the cash of Rs.41,230/- and 14 play cards on

the ground floor and 13 play cards in the packet and some

amounts were separately seized from the seven accused

persons. After coming back to the Police station, he has filed a

complaint to the Chowk Police. In turn, the Chowk Police,

received the case and registered FIR and now charge sheet

came to be filed.

7. On perusal of the endorsement made by the Chowk

Police and the complaint filed by the CCB Inspector which

clearly reveals that though the CCB inspector seized the play

cards, cash and produced before the Chowk Police, but the

Chowk Police instead of registering the NCR Case and obtaining

permission from Magistrate under Section 155(2) of Cr.P.C.,

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directly registered the FIR and filed charge sheet, which is

against the principle laid down by the High Court in various

catena of decisions when the non cognizable cases made out

without obtaining permission from Magistrate under Section

155(2) of Cr.P.C., the police have no authority to register the

FIR and file the charge sheet, which is abuse of process of law.

8. This Court in the case of ASHOKA AND OTHERS Vs.

STATE OF KARNATAKA AND ANOTHER (in Criminal Petition

No.6223/2020 dated 17.11.2021) has taken a similar view.

The Co-ordinate Bench in case of VAGGEPPA GURULINGA

JANGALIGI (JANGALAGI) Vs. THE STATE OF KARNATAKA,

THROUGH PSI, KAGWAD POLICE STATION,

BELAGAVI

reported in ILR 2020 KAR 630 has also taken the similar

view. Considering the same, I am of the view, I am of the view

that the police have no authority to register FIR without

obtaining permission of the Magistrate under Section 155(2) of

Cr.P.C. Therefore, continuing the proceedings is abuse of

process of law and it is liable to be quashed.

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9. Accordingly, I pass the following order:

(i)

The criminal petition is allowed.

(ii)

The criminal proceedings in C.C. No.4730/2023

arising out of Crime No.125/2022 registered by Chowk police,

Kalaburagi, pending on the file of the III Additional Civil Judge

(Jr.Dn) & JMFC, Gulbarga, for the offences punishable under

Sections 79 and 80 of Karnataka Police Act, is hereby quashed.

(iii)