GOPAL KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the entire proceedings in C.C.No.978/2020 registered by the respondent-Police in Crime No.12/2020 on the file of II Additional Civil Judge and JMFC at Chikkamagaluru.

(2.) The factual matrix of the case is that the respondent-Police on receipt of a credible information that some people were playing illegal gambling at Senior Citizens Service Centre, the same was entered in the Station House Diary at 18:30 hours and thereafter, obtaining the search warrant from Dy.S.P., conducted the raid and seized an amount of Rs.12,550/- and immediately, they registered N.C.No.36/2020 against the petitioners herein and thereafter, obtained the permission from the concerned Jurisdictional Magistrate and registered the case against the petitioners.

(3.) Learned counsel appearing for the petitioners would submit that without obtaining the permission, the Police have conducted the raid and investigated the matter and there is a clear non-compliance of Section 155(2) of Cr.P.C. Therefore, the very initiation of the proceedings against the petitioners herein for the offence punishable under Section 80 of the Karnataka Police Act, 1963 vitiates. Hence, it requires interference of this Court.