The petitioner-accused No.1 is before this Court

seeking to quash criminal proceedings initiated against

them in Crime No.84/2021 of Gabbur Police Station,

pending in C.C.No.970/2021 on the file of Civil Judge and

JMFC, Devadurga, registered for the offences punishable

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

‘K.P.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

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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 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.1 is before this Court seeking to

quash the criminal proceedings against him.

4.

Heard Sri Shriharsha R. Harwal, learned

Counsel for the petitioner and Sri Gururaj V.Hasilkar,

learned

High

Court

Government

Pleader

for

respondent-State. Perused the materials on record.

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5.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.1. There is

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.

6.

Learned counsel places reliance on the

decision

of

this

Court

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.

1 2020 (1) KCCR 371

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7.

Per contra, learned High Court Government

Pleader submitted that on credible information CPI went to

spot and apprehended accused Nos.1

and 2.

Immediately

thereafter,

before

registration

of

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

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 invoking inherent power under

Section 482 of Cr.P.C.?”

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

the following:

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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 that order dated 24.07.2021 in

N.C.Permission No.18/994/2021 on the file of the learned

JMFC, Devadu