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KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
VIJAY NARAYAN DEVADIGA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. challenge to procedural legality before court. (Para 1 , 3) |
| 2. importance of compliance with procedural mandates. (Para 6) |
| 3. court's decision to quash proceedings. (Para 7) |
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused no.2 is before this Court under Section 528 of BNSS, 2023 , with a prayer to quash the entire proceedings in C.C.No.2580/2024 pending before the Court of III Addl. JMFC, Sirsi, arising out of Crime No.132/2024 registered by Banavasi Police Station, Uttara Kannada District, for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (for short, 'the Act').
2. Heard the learned Counsel for the parties.
3. Learned Counsel for the petitioner submits that even before registration of FIR, raid was conducted and the articles used by the accused persons for the purpose of conducting matka were seized under a panchanama, which is impermissible.
Accordingly, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader has opposed the petition.
5. The material on record would go to show that on receipt of the credible information, the first informant and his staff had conducted raid to the alleged spot and
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