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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 25^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRL.P No.100217/2021

BETWEEN

1.

SRI. YUNAS S/O SIRAJUDDIN DEVADI

AGE 37 YEARS, OCC PVT SERVICE

R/O AVATI GALLI GOKAK-591218

2.

SRI MOHAMMADGOUSE

S/O SHAMASHUDDIN DESAI

AGE 47 YEARS, OCC PVT SERVICE,

R/O JALALGALLI GOWDAR GOKAK-591218

3 .

SRI MALLIKARJUN S/O SHIVARAI CHOUGALA

AGE 63 YEARS, OCC PVT SERVICE,

R/O ASHRAYA BHADAVANE GOKAK-591218

4.

SRI RAMESH S/O HANMANTH PUJERI

AGE 38 YEARS, OCC PVT SERVICE,

R/O ARAMBHAVI GOKAK-591218

5.

ABDULGANI S/O MOHAMMAD SALIMASHAIKH

AGE 34 YEARS, OCC PVT SERVICE,

R/O MOMINA GALLI GOKAK-591218

6.

VASANTH S/O SIDDAPPA KAVARI

AGE 44 YEARS, OCC PVT SERVICE,

R/O SOMAVAR PETH GOKAK-591218

7.

SRI RAMESH S/O LAXMAN BHANGI

AGE 35 YEARS, OCC PVT SERVICE,

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R/O DALAMBARI THOTA

GOKAK-591218

8.

SRI MAHANTESH S/O ADIVEPPA KALLOLLI,

AGE 44 YEARS, OCC PVT SERVICE,

R/O KANBARGI ROAD GOKAK-591218

9.

SRI ARJUN S/O VIDUR MAVARKAR

AGE 34 YEARS, OCC PVT SERVICE

R/O PMC GOKAK-591218

10.

SRI SUBHAN S/O DASGIRSAB PAILVAN

AGE 35 YEARS, OCC PVT SERVICE,

R/O JANTA PLOT GOKAK-591218

11.

RIYAZ S/O MOHAMMAD MEERA KAIRADI

AGE 42 YEARS, OCC PVT SERVICE,

R/O MOMIN GALLI GURUVAR PETH

GOKAK-591218

12.

RAMASIDDA S/O RAMAPPA MURAKIBHAVI

AGE 33 YEARS, OCC PVT SERVICE,

R/O VADAR GALLI GOKAK-591218

13.

SRI PARUK A FAROOQ S/O SALIM ANDAGI

AGE 35 YEARS, OCC PVT SERVICE,

R/O UPPAR GALLI GOKAK-591218

14.

SRI MAIHIBUB S/O SIKANDAR JAMADAR

AGE 38 YEARS, OCC PVT SERVICE,

R/O DUPADAL GOKAK-591218

15.

SRI MANOJ S/O SUKAMAR JODATTI

AGE 47 YEARS, OCC PVT SERVICE,

R/O PAYISAGAR NAGAR

GOKAK-591218

16.

SRI SIDDAPPA S/O SATTEPPA GOWDAPPANAVAR

AGE 50 YEARS, OCC PVT SERVICE,

R/O KILLA GALLI GOKAK-591218

17.

NAGAPPA S/O NINGAPPA BHAGOJI,

AGE 35 YEARS, OCC PVT SERVICE,

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R/O DALIMBE THOTA

GOKAK-591218

18.

SRI. JYOTIBA S/O KRISHNA WADAKAR

AGE 42 YEARS, OCC PVT SERVICE,

R/O BASAVNAGAR GOKAK-591218

.....PETITIONERS

(BY SRI S M KALWAD, ADV.)

AND

1.

THE STATE OF KARNATAKA

REP BY ITS PSI GOKAK

TOWN PS

THROUGH ADDITIONAL STATE

PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA,

DHARWAD-580005

2.

A T AMMINBHAVI

AGE MAJOR, OCC PSI,

R/O GOKAK TOWN POLICE STATION,

TQ GOKAK, DIST BELAGAVI-590005

&..RESPONDENTS

(BY SRI VINAYAK S. KULKARNI, AGA)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO QUASH THE COMPLAINT AND FIR REGISTERED BY

GOKAK TOWN PS IN CRIME NO.44/2020 FOR THE OFFENCES

PUNISHABLE U/S 79 AND 80 OF KARNATAKA POLICE ACT, PENDING

ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GOKAK, IN SO

FAR AS PETITIONERS ARE CONCERNED.

THIS PETITION COMING ON FOR ADMISSION, ON THIS DAY,

THE COURT MADE THE FOLLOWING:

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ORDER

Even though the matter is listed for admission, with the

consent of learned counsel for parties, it is taken up for final

disposal.

2.

The petitioners/accused Nos.1 to 18 in Crime

No.44/2020 are before this Court seeking to quash the complaint

and FIR registered by PSI, Gokak Town Police for the offences

punishable under Sections 79 and 80 of the Karnataka Police

Act, 1963 (for short, 8the Act9) pending on the file of the learned

Principal Civil Judge and J.M.F.C., Gokak.

3.

For the sake of convenience, the parties in this

petition are referred to as per their status and ranking before the

Trial Court.

4.

Brief facts of the case are that the PSI, Gokak Town

Police Station received a credible information at 6.30 p.m. on

04.03.2020 regarding playing of game of chance i.e., Andhar-

Bahar in M.C.C. Club by 10 to 16 persons. The requisition was

forwarded to the learned J.M.F.C., Gokak seeking permission to

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register the case and to hold a raid on the club where the game

is being played. It is stated that after getting required

permission, PSI, Gokak Town Police Station along with other

officers and panchas proceeded to raid Royal Social Club in