Honnurvali & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the criminal proceedings in C.C.No.793/2019 pending on the file of the

Principal Civil Judge and JMFC, Pavagada (Crime No.89/2019 of Pavagada Police Station, Pavagada Circle, Tamakuru District), for the offence

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

The factual matrix of the case is that on 29.04.2019, the NCR was registered in NCR No.178/2019 and thereafter the police requested the learned

Magistrate to accord permission to conduct the investigation in a non-cognizable offence and accordingly, the permission was accorded by referring as

“Perused. Found sufficient grounds. Hence, permitted.â€​

It is mentioned that they have received the credible information that illegal activities of matka gambling were going on and the complainant, who

was on gust duty found the public exchanging the money for matka chits and petitioners were engaged in collecting the amount. The petitioners were

found collecting the money for playing matka gambling and giving chits to those persons, who paid the money. Thereafter, the permission was taken

and the case was registered for the offence punishable under Section 78(3) of Karnataka Police Act.

The main contention of the learned counsel for the petitioners is that the Magistrate has accorded permission invoking Section 155(2) of Cr.P.C. to

investigate the matter without applying his mind and only made the endorsement as “Perused. Found sufficient grounds. Hence, permitted.†The

said order is passed without application of mind and no separate order is passed except the endorsement on the requisition given by the Investigating

Officer. Hence, it requires interference of this Court.

The learned High Court Government Pleader appearing for the State would submit that the Magistrate has applied his mind while according

permission to investigate the matter and hence, the same cannot be quashed.

Having heard the submissions of the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the State and

so also on perusal of the averments made in the complaint and in the FIR, a credible information was received that the petitioners were playing matka

and the case was registered on 29.04.2019 based on the complaint of the PSI. When the very requisition was given to the Magistrate on the same day,

the learned Magistrate has not passed any separate order. On perusal of the requisition dated 29.04.2019, an endorsement was made as “Perused.

Founds sufficient grounds. Hence permittedâ€. The same discloses the non-application of mind of the learned Magistrate. When the non-cognizable

offence is reported and the permission was sought, the learned Magistrate ought to have applied his mind and passed separate order whether it is a fit

case to investigate the matter, which has not been done except stating “Perused. Founds sufficient grounds. Hence permittedâ€. Hence, the

petitioners have made out a ground to exercise the powers under Section 482 of Cr.P.C. in quashing the proceedings initiated against the petitioners.

In view of the discussions made above, I pass the following:

ORDER

(i) The petition is hereby allowed.

(ii) The proceedings initiated against the petitioners in C.C.No.793/2019 pending on the file of the Principal Civil Judge and JMFC, Pavagada (Crime

No.89/2019 of Pavagada Police Station, Pavagada Circle, Tamakuru District), for the offence punishable under Section 78(3) of the Karnataka Police

Act, 1963, are hereby quashed.

In view of allowing the main petition, I.As., if any does not survive for consideration and the same stands disposed of.