This petition is filed by the petitioner under Section

482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for

short), seeking to quash the proceedings in Cr.No.29/2022

of Devadurga police station against him for the offences

punishable under sections 78(3) of Karnataka Police Act.

2. It is alleged that on 14.02.2022 at about 6.45 p.m.

Devadurga Town Police alongwith panchas conducted a raid

in a public place near Nagaragunda cross in Devadurga

Taluka and seized Rs.600/, one pen and a matka chit from

the accused and thereafer, a charge sheet came to be filed.

The learned JMFC took cognizance and registered the case

and issued summons to the accused. The same is challenged

in this petition.

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3. Heard Sri. Ganesh Naik, learned counsel for the

petitioner and Sri. Veeranagouda Malipatil, learned HCGP for

respondent- State.

4. Learned counsel for the petitioner argued that the

offence alleged is under section 78 (3) of the K.P. Act which

is not punishable with imprisonment for life. The punishment

is imprisonment which may extend to three months or with

fine which may extend to Rs.300/- or with both. The said

offence is non-cognizable. Learned counsel argued that the

police

have