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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