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

not

obtained

prior

permission

before

investigation of the case. Hence, the offence under Section

78 (3) of the K.P. Act is non-cognizable, the procedure under

Section 155 of Cr.P.C. is required to be followed. There is no

prima-facie case against the petitioner. Learned counsel

argued that inspite of decision of the Coordinate Bench of

this Court in the case of Moin Basha Kurnooli vs. State of

Karnataka reported in 2015 Crl. L. J. 982, the learned

JMFC has taken cognizance. Hence, he prayed to allow the

petition and set-aside the said order.

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5.

Learned High Court Government Pleader argued

that in this case, charge sheet is already filed and the

learned Magistrate has taken cognizance. Hence, he prayed

to dismiss the petition.

6.

I have perused the order sheet and charge

sheet.

7. The order sheet dated 02.03.2022 reads as

under:-

02.03.2022

The SHO of Devadurga The SHO of Gabbur P.S.

has submitted final Report submitted a final report

against the accused u/section against accused for the

78(3) of K.P. Act, offences punishable

hence for order sections 78(3) of K.P. Act.

This Court has perused

the case papers it reveals

that the Gabbur PS have

placed

the

sufficient

materials on record for

taking the cognizance for

the offences. Hence this

Court proceed to pass the

following

ORDER

Acting U/Sec 190 1(b) of

Cr.P.C., 1973, cognizance

is taken for the offences

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punishable

U/Section

78(3) of K.P. Act.

Office is hereby directed

to register the Criminal

Case in Reg.No.III against

the

accused

for

the

offences punishable under

section 78(3) of K.P. Act.

Issue summons to the

accused.

Call on 02.08.2022.

Sd/-

JMFC, Devadurga.

8.

It is evident from the said order that the learned

Judge of the Trial Court has taken cognizance based on the

charge sheet filed by the Police under Section 190 (1) (b) of

Cr.P.C., 1973. There is nothing on record to show that police

have taken any permission for investigation. The FIR does not

show any permission was taken for investigation as required

under section 155 Cr.P.C.

9. Therefore, the piont that arise for my consideration

is:-

"Whether the proceedings in C.C.No.518/2022

(Crime No.29/2022 registered by the Devadurga

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Police Station) against the petitioner for the

offence punishable under Section 78 (3) of the

Karnataka Police Act (for short ‘K.P. Act’), pending

on the file of learned Civil Judge and JMFC,

Devadurga, needs to be quashed?”

10.

Learned counsel for the petitioner brought to the

notice of this Court the judgment passed by this Court in

Crl.P.No.200731/2022 dated 28.07.2022, wherein relying on

the decision of this Court reported in 2014 (4) KCCR 3355 in

the case of

Moin Basha Kurnooli vs. The State of

Karnataka by