RAMANJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.4389/2021 pending on the file of Prl. Civil Judge and JMFC, Pavagada in respect of Crime No.213/2021 of Pavagada Police Station, Madhugiri SubDivision, Tumakuru District for the offence punishable under Sec. 78(3) of the Karnataka Police Act, 1963 (for short 'K.P. Act')

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) The case of the prosecution is that the suo motu complaint registered by the Police against accused No.1 for the above said offence. Subsequently, the Police filed charge-sheet against this petitioner as accused No.2 for the offence punishable under Sec. 78(3) of the K.P. Act alleging that on the credible information on 27/9/2021, the Police raided the spot where accused No.1 found playing Matka assuring Rs.70.00 for one rupee, where the customers ran away and accused No.1 found on the spot. Therefore, they seized the cash, articles and ball pen. Then they given notice to him to appear before the Police under Sec. 41 of Cr.P.C. Subsequently, they registered NCR based upon the panchanama, then the requisition sent to the Magistrate, obtained permission under Sec. 155(2) of Cr.P.C., then the FIR has been registered, they investigated the matter and filed the charge-sheet against this petitioner by showing accused No.2 as absconding which is under challenge.