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2022 Supreme(Online)(Kar) 32968

HIGH COURT OF KARNATAKA
MAHANTESH S/O. KUDALASANGAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


The petition is filed challenging the proceedings in

Criminal Case No.1422/2021 for the offences punishable

under Sections 79 and 80 of the Karnataka Police Act,

1963.

Both the learned counsel for the petitioners and

the State would in unison submit that the issue stands

covered by the Judgment rendered in Criminal Petition

No.101615/2021.

3. This Court in Criminal Petition No.101615/2021

has held as follows :

“There is considerable force in the submission

of the learned counsel for the petitioners that the

game of Andar-Bahar, as held by this Court in

several cases, is not a game of skill and is mere

game of chance and therefore this Court hold that

Sections 79 and 80 of the Karnataka Police Act are

not applicable.

Learned counsel for the petitioners submits

that the Investigating Officer has not obtained

permission of the jurisdictional Magistrate in terms

of Section 155(2) of Cr.P.C.

5

Learned High Court Government Pleader

submits that requisition has been filed seeking

permission to investigate a non-cognizable offence.

That no order has been passed on the said

requisition.

A perusal of Section 155(1) and (2) of Cr.P.C.

would indicate that, whenever there is a non-

cogni

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