Investigation of non-cognizable offences requires strict adherence to Section 155 Cr.P.C.; a Magistrate must issue a reasoned, speaking order after applying a judicial mind, rather than a mere endorsement, to authorize such investigation.

2. The petitioners are before this Court, seeking the following prayer:

"a. Call for the entire records in CC No.11317/2025 pending on the file of Hon'ble II Addl Chief Judicial Magistrate Bangalore Rural for the offences punishable under section 79 and 80 of the Karnataka Police Act, 1963 ., registered by the Respondent No.1/Kumbalagudu PS.

b. Quash the entire criminal proceedings in CC No.11317/2025 pending on the file of Hon'ble II Addl Chief Judicial Magistrate Bangalore Rural for the offences punishable under section 79 and 80 of the Karnataka Police Act, 1963 ., registered by the Respondent No.1/Kumbalagudu PS.

c. Pass such other relief/reliefs as this Hon'ble court deems fit in the facts and circumstances of the present case in the interest of justice and equity."

3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.101457/2025 disposed on 10.06.2025, wherein it has held as follows:

"Heard learned counsel for the petitioner and learned High Court Government Pleader.

2. This petition filed by accused No.3 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) to quash the cognizance dated 24.07.2024 and entire proceedings initiated against the petitioner – accused No.3 in C.C.No.459/2024 on the file of the II Additional Civil Judge and JMFC-II Court at Gadag arising out of Crime No.33/2024 of Betageri Police Station registered for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963 (“KP Act” for short).

3. Brief facts of the case of the prosecution are as under:

On 08.04.2024 at about 7:30 p.m. the Police Inspector, Betageri Police Station received a credible information, wherein it was alleged that some unknown persons near Rangappajjanamath, Betageri were involved in Cricket betting and betting on the score and result of the IPL 20-20 match held between Chennai Super Kings Vs. Kolkata Knight Riders at M.A.Chidambaram Cricket Stadium in Chennai, Tamil Nadu. This information was received at about 7.15 p.m. Hence, the Police Inspector and his staff conducted the raid at the alleged spot and had drawn the recovery panchanama in between 7:20 p.m. and 8.20 p.m. on the same day.

4. Under seizure panchanama, the Police Officer seized betting note book, Rs.2,500/- and Rs.900/- from the accused persons. Hence, the Station House Officer Betageri Police Station has registered a case in Crime No.33/2024 for the offence punishable under Section 78 (3) of KP Act. This led to registration of FIR and investigation. Taking exception to the same, the petitioner – accused No.3 filed this criminal petition.

5. The petitioner has stated that the complaint is misconceived and the alleged offence is a non-cognizable one under the provisions of BNSS (Cr.P.C.). The police have no authority to investigate the crime and they have not complied the mandatory requirements of Section 155 (2) of Cr.P.C. It is contended that when the Officer In-charge of the Police Station received an information regarding commission of non-cognizable offence, he shall enter the same in the Register maintained in the said police station and refer the informant to the Magistrate. Further as per Section 155 (2) of Cr.P.C, no police officer shall investigate a 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. Though there is an order passed by the jurisdictional Magistrate for permitting the police to take up the investigation, but there is no speaking order to that effect. The alleged raid was conducted in betw