AUTO SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for quashing of the order dated 16.10.2010 passed by the Principal Civil Judge and JMFC Gangavathi in C.C.No.2213/2018 against the petitioner for the offences punishable under Section 78(3) of Karnataka Police Act, in Crime No.282/2018 (C.C.No.2213/2018) registered by the Town Police Station Gangavathi, District Koppal, which are non-cognizable in nature.

(2.) The case of the prosecution is that the Police Sub-Inspector, Town P.S. Gangavathi had registered a suo moto complaint as against the petitioner and other alleging that on 16.10.2010 at about 5.00 p.m., he received credible information that near Islampur Masjed at public place some persons were indulged in playing Matka. Based on the said information, he conducted a raid along with staff and panch witness and arrested some persons as also seized some articles which were used for the purpose of plying the said Matka and thereafter registered a case under Section 78(3) of K.P.Act.

(3.) The Police without obtaining the prior permission of the jurisdictional Magistrate had gone ahead with the investigation and registered the above complaint against the petitioner.