The petitioner-accused No.2 is before this Court seeking to

quash the criminal proceedings initiated against him in Crime

No.84 of 2021 of Gabbur Police Station, pending in CC No.970

of 2021 on the file of the learned Civil Judge and JMFC,

Devadurga, Raichur, registered for the offences punishable

under Sections 78(iii) of the Karnataka Police Act (for short ‘KP

Act’).

2.

Brief facts of the case are that, CPI Devadurga Rural

Circle lodged the first information with Gabbur police on

24.07.2021 stating that he received credible information

regarding playing of matka/gambling and accordingly, he along

with his staff and panchas went to the spot and apprehended

accused Nos.1 and 2 by holding a raid. Panchanama was drawn

at the spot and the accused were produced before the Station

House Office, Gabbur police station, requesting to register the

FIR and to initiate legal action. Thereafter, a requisition was

sent to the learned Magistrate on 24.07.2021 to give

permission to investigate into the matter. Accordingly, vide

order dated 24.07.2021 learned Magistrate permitted the SHO

of Gabbur police station to investigate into the matter and to

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file the final report. It is stated that accordingly, final report

was filed and the criminal case was registered against accused

Nos.1 and 2.

3.

Accused No.2 is before this Court seeking to quash

the criminal proceedings against him.

4.

Heard Sriyuths Ganesh Naik and S S Hiremath,

learned counsel for the petitioner and Sri Jamadar Shabuddin,

learned High Court Government Pleader for the respondent-

State. Perused the materials on record.

5.

Learned counsel for the petitioner submitted that

the petitioner is arrayed as accused No.2. There is a clear

violation of Section 155 of Cr.P.C. Immediately, after receipt of

the

information

regarding

commission

of

non-cognizable

offence, the permission from the learned Magistrate was not

obtained but on the other hand, raid was held. Accused Nos.1

and 2 were apprehended and panchanama was drawn on

23.07.2021 without the permission of the learned Magistrate.

Therefore, there is irregularity in registering the criminal case,

which cannot be cured at this stage.

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6.

Learned counsel places reliance on the decision of

this Court in Vaggeppa Gurulinga Jangaligi vs. vs. State of

Karnataka¹ to contend that immediately after receipt of the

credible information, the information should be referred to the

learned Magistrate to get permission as required under Section

155 (1) of Cr.P.C. Therefore, he prays for quashing the criminal

proceedings against the petitioner.

7.

Per contra, learned High Court Government Pleader

submitted that on credible information, CPI went to the spot

and apprehended accused Nos.1 and 2. Immediately thereafter,

before registration of the complaint, the requisition was

submitted to the learned Magistrate and the order in that

regard was passed on 24.07.2021. Therefore, there is no

irregularity in registering the FIR. Hence, he prays for dismissal

of the petition.

8.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would arise

for my consideration is:

“Whether the criminal case registered

against the petitioner is liable to be quashed

1 2020 (1) KCCR 371

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invoking inherent power under Section 482 of

Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for the

following:

R E A S O N S

9.

The first information submitted

by the CPI,

Devadurga Rural Circle discloses that he received credible

information

on

23.07.2021

regarding

playing

of

matka/gambling in the public place, near Boodibasaveshwar

temple at Gabbur village. Immediately, he along with staff and

panchas went to the spot and held raid between 5.30 p.m., to

6.30 p.m. Panchanama was drawn and accused Nos.1 and 2

were apprehended. Thereafter he submitted first information

requesting to register the case and to initiate legal action.

However, FIR was registered on 24.07.2021 at 4.00 pm.

10.

It is stated