VISHWESH MADANE Vs. STATE THROUGH POLICE INSPECTOR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent.

(2.) Petitioner, who is accused No.7 in Crime No.153/2021 registered by the Tarikere Town Police Station, Chikkamagaluru, for the offences punishable under Sec. 80 of the Karnataka Police Act, 1963, Ss. 269 and 271 of IPC and Sec. 5(1) of the Karnataka Epidemic Diseases Act, 2020 pending on the file of Principal Civil Judge (Sr.Dn.) and C.J.M., Tarikere, Chikmagaluru, has approached this Court with a prayer to quash the entire proceedings in the said case.

(3.) Brief facts of the case that would be relevant for the purpose of disposal of this petition are: On the complaint of Inspector of Police of Tarikere Police Station, Chikmagalur on 3/7/2021, FIR was registered in Crime No.153/2021 against seven accused persons for the aforesaid offences. In the complaint it is averred that having regard to COVID-19 pandemic when the lockdown as well as Sec. 144 Cr.P.C. prohibitory orders were in force, on 3/7/2021, seven persons allegedly had gathered in room No.107 of Chalukya Lodge of Tarikere Town and were indulged in playing cards game known as "Andar Bahar" and they were also placing bettings on their game. On receipt of information about the cards game being played in room No.107 of Chalukya Lodge, Tarikere town, the Police Inspector of Tarikere Town Police Station had lodged a complaint before the Station House Officer, based on which FIR was registered in Crime No.153/2021. Subsequent to registration of the FIR, the Police had raided the spot and arrested all the accused persons and they were produced before the jurisdictional Magistrate. Being aggrieved by the same the petitioner has approached this Court to quash the entire proceedings in the said case.