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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.930/2021

BETWEEN:

1 .

GOPAL KRISHNA

S/O LATE AJJEGOWDA,

AGED ABOUT 65 YEARS,

KALIDASA NAGARA,

EDGA BACK SIDE,

CHIKKAMAGALURU-577101

2 .

NATARAJ K.H.,

S/O HANUMANTHAPPA,

AGED ABOUT 60 YEARS,

TELEPHONE OFFICE NEAR

CHIKKAMAGALURU-577101

3 .

RAJESH

S/O SIDDAPPA,

AGED ABOUT 60 YEARS,

MADHUVANA LAYOUT,

CHIKKAMAGALURU-577101

4 .

DEVARAJ

S/O L.T. MADEGOWDA,

AGED ABOUT 64 YEARS,

BILEKALLU,

CHIKKAMAGALURU 577101

5 .

KARUNAKAR

S/O L.T. PUTTASWAMY,

AGED ABOUT 60 YEARS,

KALIDASA NAGARA,

R

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CHIKKAMAGALURU-577101

6 .

BASAVARAJU

S/O PUTTASWAMI,

AGED ABOUT 61 YEARS,

JAYANAGAR 5^TH BLOCK,

CHIKKAMAGALURU-577101

7 .

SUNDARESH

S/O VENKATA RAMAYYA,

AGEE ABOUT 58 YEARS,

RAMANAHALLI,

CHIKKAMAGALURU-577101

8 .

RAMESH

S/O SANNEGOWDA,

AGED ABOUT 62 YEARS,

KALAYANA NAGARA,

CHIKKAMAGALURU-577101

9 .

CHENNAKESHAVA

S/O KADAPPA,

AGED ABOUT 61 YEARS,

SUMUKHA NAGARA,

HOUSING BOARD,

CHIKKAMAGALURU-577101

& PETITIONERS

(BY SRI MANJUNATH PRASAD H.N., ADVOCATE)

AND:

STATE OF KARNATAKA

REPRESENTED BY THE SUB-INSPECTOR OF POLICE BASAVANAHALLI

P.S,

CHIKKAMAGALURU-577101

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA

BENGALURU 560001.

& RESPONDENT

(BY SMT. NAMITHA MAHESH B.G., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C

PRAYING

TO

QUASH

THE

ENTIRE

PROCEEDINGS

IN

C.C.NO.978/2020 REGISTERED BY THE RESPONDENT POLICE IN

CR.NO.12/2020 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE

AND

JMFC

AT

CHIKKAMAGALURU

WHICH

IS

PRODUCED

AS

ANNEXURE-A.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash the entire proceedings in C.C.No.978/2020

registered by the respondent-Police in Crime No.12/2020 on the

file of II Additional Civil Judge and JMFC at Chikkamagaluru.

2.

The

factual

matrix

of

the

case

is

that

the

respondent-Police on receipt of a credible information that some

people were playing illegal gambling at Senior Citizens Service

Centre, the same was entered in the Station House Diary at

18:30 hours and thereafter, obtaining the search warrant from

Dy.S.P.,

conducted

the

raid

and

seized

an

amount

of

Rs.12,550/- and immediately, they registered N.C.No.36/2020

against the petitioners herein and thereafter, obtained the

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permission from the concerned Jurisdictional Magistrate and

registered the case against the petitioners.

3.

Learned counsel appearing for the petitioners would

submit that without obtaining the permission, the Police have

conducted the raid and investigated the matter and there is a

clear non-compliance of Section 155(2) of Cr.P.C. Therefore, the

very initiation of the proceedings against the petitioners herein

for the offence punishable under Section 80 of the Karnataka

Police Act, 1963 vitiates. Hence, it requires interference of this

Court.

4.

Per contra, learned High Court Government Pleader

appearing for the State would submit that on receipt of a

credible information, an entry was made in Station House Diary

at 18.30 hours and thereafter, obtaining the permission from

Dy.S.P., the raid was conducted and thereafter, N.C. was

registered. The investigation was commenced only with the

permission of the Magistrate and hence, there cannot be any

quashing of the proceedings.

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5.

Having heard both the learned counsel for the

petitioners and the learned High Court Government Pleader for

State and on perusal of the records, it discloses that at 18.30

hours, a credible information was received that in Senior Citizens

Service Centre, people were indulged in illegal gambling of

Andar-Bahar and the same was entered in the Station House

Diary in compliance of Section