W.P.No.35587/2017 is filed by the petitioner-

accused No.3 under Articles 226 and 227 of the

Constitution of India, read with Section 482 of Cr.P.C.

for quashing the FIR in Crime No.305/2017 registered

by Ashok Nagar Police Station for the offences

punishable under Sections 79 and 80 of Karnataka

Police Act 1963 and Sections 332, 336, 353, 506 (b)

of IPC pending on the file of XLIII Additional Chief

Metropolitan Magistrate at Mayo Hall, Bangalore.

2. W.P.No.20564/2019 is filed by the same

petitioner/accused (who is accused No.1 in Crime

No.200/2014) under Articles 226 and 227 of the

Constitution of India read with Section 482 of Cr.P.C

for quashing the criminal proceedings registered by

the Cubbon Park police station in Crime No.200/2014

for the offences punishable under Section 188 of IPC

and under Sections 78 (B) and 79 of the Karnataka

5

Police Act, 1963 pending before 8th ACMM, Bengaluru

in CC.No.13838/2015.

3. Both the petitions are filed by the same

petitioner and the issues involved is common in

nature, therefore taken together for common disposal.

Heard learned counsel for the petitioner in

both the cases and learned HCGP for State.

The

case

of

the

petitioner

in

W.P.No.35587/2017, is that the CCB police received a

credible information on 27.07.2017 that there was

video game gambling which was running at New Royal

Tech Recreation Association Club, Residency Road,

Bangalore. Therefore, after obtaining the permission

of the Magistrate and obtaining search warrant from

the higher officials the police along with the witnesses

raided the spot at "Empire Estate Building, No.56,

New Royal tech Recreation Association, Residency

6

Road, Bengaluru, where they found about 7 to 8

persons were involved in video gambling and also they

were disturbing the public peace and tranquility. After

entering the place they found some of the persons

and the police asked them to stand by the side of the

room and at that time accused No.1-Jamphel Dorjee

took up a pistol and pointed towards the Sub-

Inspector and threatened to leave them and also he

said to have obstructed the public servant while

discharging the duty by creating fear of causing

injury. Subsequently, the Sub-Inspector fired through

his gun towards the ground and thereafter accused

No.1 surrendered and on verification the said pistol

held by accused No.1, is said to be a toy pistol used

as lighter. Subsequently, all the accused persons were

arrested and on enquiry it was revealed by them that

this petitioner is the owner of club, therefore FIR has

been lodged by the police for the above said offences

7

against the petitioner as accused No.3 and he was

shown as absconding, which is under challenge.

6. In W.P.No.20564/2019 one Naveen Supekar-

Police Officer filed Suo-moto complaint and alleged

that on 19.09.2014 at 8.30 p.m. when he was on

patrolling

duty

at

Cubbon

Park

and

received

information that at No.10, Brigade Road, Ground

Floor,

5th

Avenue,

Bengaluru

at

Fantastic-3

Recreation Club they were running gambling and this

police immediately went along with panchas and

obtained the permission from higher authority for

search warrant and went to the spot at 8:55 PM and

observed some persons were playing the games by

showing names of Adidas, Puma, Fila, Nika, Reebok,

Joker with assurance to pay more than double the

money by playing the gambling. Immediately, the

police arrested 17 members, out of them, some of

them were club members and some of them were non

8

club members. The articles were seized and registered

in Crime No.200/2014 for the offences punishable

under Section 188 of IPC and Sections 78(B) and 79

of Karnataka Police Act, 1963 (hereinafter referred as

KP Act) which is under challenge and also filed charge

sheet, which is also under challenge

7. Learned counsel for the petitioner has

contended

that

the

offences

punishable

under

Sections 78 (B) and 79 of KP Act, are non-cognizable

offences and the police have no authority to register

FIR and also investigate the m