Investigation of a non-cognizable offence without a judicious order from the Magistrate, as mandated by Section 155(1) and (2) of Cr.P.C., is unauthorized and renders the subsequent proceedings liable to be quashed.

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C. NO.1026/2024 PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C. COURT, BALLARI, FOR THE OFFENCES PUNISHABLE U/S. 78(1)(a)(vi) OF KARNATAKA POLICE ACT, 1963, ARISING OUT OF CRIME NO.188/2021 OF COWLBAZAR POLICE STATION IN SO FAR AS THE PETITIONERS/ACCUSED NOS.1 TO 4 ARE CONCERNED.

THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

This petition is filed under Section 482 of Cr.P.C (528 of BNSS) praying to quash the entire proceedings in C.C.No.1026/2024 pending on the file of learned II Addl. Civil Judge and JMFC, Ballari registered by Cowlbazar police station, Ballari, for the offence punishable under Section 78(1)(a)(vi) of The Karnataka Police Act, 1963 (for short K.P. Act).

Heard learned counsel appearing for the petitioners and learned HCGP appearing for respondent-State.

The case of the prosecution is that on 10.11.2021, the respondent police lodged the complaint to the SHO Cowlbazar police station alleging that, on the same day, when he was in the police station, he received credible information about cricket betting of T20 World Cup 2021 match at Kuvempu Nagar Main Road, Ballari. Therefore, the respondent Police along with his sub-staff and panchas went to TB Santorium and noticed seven to eight persons were engaged in cricket betting in white colour Scorpio vehicle bearing No.KA 31/M 5386. Hence, the complainant and his sub-staff conducted raid and three persons escaped from the spot and two were caught hold. Hence, the complainant recovered a sum of Rs.12,00,000/-, mobile phones and a vehicle under the seizure panchanama. In turn, the Deputy Superintendent of Police, DCRB unit, Ballari lodged the first information to SHO of Cowlbazar police station. Hence, the SHO registered the case in Crime No.188/2021 for the offence punishable under Section 78(a)(vi) of K.P. Act. This led to registration of FIR and investigation. Taking exception to the same, the petitioners have filed this petition.

The petitioners have stated that the complaint is misconceived and the alleged offence is a non cognizable one. Under the provisions of Cr.P.C., the police have no authority to investigate the crime and the police have not complied with mandatory requirements of Section 155(1) of Cr.P.C. It is contended that when the officer-in-charge of police station receives an information regarding commission of a non-cognizable offence, he shall enter the same in a book to be maintained by the said officer and refer the informant to the magistrate.

It is contended that as per Section 155(2) of Cr.P.C, no police officer shall investigate non-cognizable offence without the order of the Magistrate having power to try such case or to commit such case for trial. But there is no iota of evidence to show that the above requirements are complied with in the present case and there is no speaking order by the jurisdictional Magistrate for permitting the police to take up the investigation. Therefore, the proceedings initiated against the petitioners in the charge sheet are liable to be quashed.

Learned HCGP submitted that the jurisdictional Magistrate has permitted the concerned police officer to take up the investigation and therefore, there is compliance of Section 155(2) of Cr.P.C.

It is not in dispute that the alleged offence under Section 78(3) of K P Act is a non-cognizable one and when the report is received by the SHO of the police station in respect of commission of non-cognizable offence, the SHO has to follow the mandatory requirement of Sections 155(1) and 155(2) of Cr.P.C. Sections 155(1) and (2) of Cr.P.C. reads as under:-

155.(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence,