BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the criminal proceedings in C.C.No.853/2018 pending on the file of Principal Civil Judge and JMFC, Pavagada (Crime No.213/2018 of Pavagada Police Station, Pavagada Circle, Tamakuru District), charge sheeted for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963.

(2.) The factual matrix of the case is that on 07.07.2018, the NCR was registered in NCR No.331/2018 and thereafter the police requested the learned Magistrate to accord permission to conduct the investigation in non-cognizable offence and accordingly the permission was accorded by referring as 'Permitted.'

(3.) It is mentioned that they have received the credible information that illegal activities of matka gambling and card gambling were going on and the complainant, who was on gust duty found the public exchanging the money for matka chits and one Ashwathappa, who is the second petitioner herein was collecting the amount. The petitioner No.1 was also 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.