Heard Sri.M.L.Vanti, learned counsel for the

petitioners and Sri.Ramesh Chigari, learned High Court

Government Pleader for respondent-State.

The present petition is filed under Section 482

of Cr.P.C. with the following prayer:

“To quash the proceedings initiated against petitioner

in Criminal Case No.2338 of 2015 (Crime No. 11 of 2015)

pending on the file of IV Additional Civil Judge and Judicial

Magistrate First Class Court, Hubballi, for the offence

punishable under Section 78(3) of Karnataka Police Act 1963.”

3.

Brief facts of the case are as under:

3.1

Police Sub-inspector, Kasabapeth Police Station,

Hubballi, filed a report with the Station House Officer

stating that on 17.02.2015 at about 4.30 p.m. in Shindhe

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plot, Mavanur road, Old Hubballi there were few people

indulged in cricket betting. On receipt of such credible

information he formed a raid party and as per the

information he raided on a house along with panch witness

and sub-staff, wherein he found the present petitioners

and others indulged in distributing the amount which is the

subject matter of cricket betting in respect of India-

Pakistan match being played in Adelaide of Australia.

Immediately he seized the money in a sum of Rs.35,780/-

and also apprehended the persons involved in the said

betting.

4.

Based on the said report, Station House Officer,

Kasabapeth Police Station, Hubballi registered a case in

Crime No.11/2015 for the offence punishable under

Section 78(3) of Karnataka Police Act and under Section

420 of IPC and the matter is being investigated. At this

juncture accused Nos.7 and 10 have challenged the

registration of case before this Court in this petition.

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5.

In the petition, following grounds have been

raised:

1.

It is submitted that in order to convict a under section 78 (3)

of the Karnataka Police the person against whom the

allegations are must be found at the place where gambling is

taking place. In the instant case the there was no such

activity. In the complaint the complainant has mentioned that

betting was taken place two days back. Hence the alleged

offences do not attract to the present case hence the very

initiation of the proceedings is bad in law.

2.

It is submitted that the credible information received by the

police is only is respect of playing betting and there is no

information received by the police for the offence punishable

u/s 420 of IPC. Thus the investigating agency with a malafide

intention has purposely registered the case to overcome the

mandatory provision of Section 155 (2) of Cr. P.C and

proceeded to alleged raid. The very registration of FIR for the

offence of Section 420 I.P.C is erroneous and thus the prior

permission as contemplated u/s 155 (2) of Cr P . C is a must

and without there being any permission to investigate, a

report was filed, as such, the entire proceedings vitiates and

liable to be quashed.

3.

Petitioners submit that the very registration of the complaint

and entire investigation is hit by section 154 of Cr. P.C. and

same is against the law as laid down by the Hon'ble Apex

Court in case of LalitaKumari V/s. Government of UP and

others. Reported in 2014 SCC (2) page No.1.

4.

The learned Magistrate has not passed any order. U/s 155

(2) of Cr.P.C. granting permission to the respondent police to

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investigate the said case. In the absence of permission from

the learned Magistrate, the very registration of the crime and

the consequent investigation and the final report filed by

investigating agency is bad in law for non-compliance to the

provisions of section 155 (2) of Cr.P.C. As per section 155 (2)

of Cr.P.C police officer shall not investigate a non cognizable

case without the order of the Magistrate.

5.

It is submitted that maximum punishment of imprisonment

for the offence under section 78 (3) of Police Act is three

months or with fine which may extend to three hundred

rupees, or with both. The said offence is Non-Cognizable as

envisaged under Part-II of Schedule -I of Cr.P.C