LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The police after investigation filed charge sheet for the offences punishable under Sec. 87 of the Karnataka Police Act, 1963 (for short "KP Act" here afterwards) alleging that petitioners were found playing gambling in the agricultural land of one Prahallad. The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons to the petitioners. Taking exception to the same, accused Nos. 3 and 5 are before this Court.

(2.) Learned counsel appearing for the petitioners submits that the endorsement made on the requisition "permitted" is not an order as specified under sec. 155(2) of Cr.P.C. Hence in the absence of permission granted by the learned Magistrate as specified under Sec. 155(2) of the Cr.P.C., the registration of the FIR culminating in filing of the charge sheet is one without authority of law. He further submitted that to constitute the commission of the alleged offence punishable under Sec. 87 of the KP Act, the persons must have been found to be gaming in any public street, or thoroughfare, or in any place to which the public have or permitted to have access or in any race-course. Therefore, he submits that the allegation made against the petitioners - accused that they were found gambling in the private land does not constitute the offence punishable under sec. 87 of the KP Act.

(3.) On the other hand, learned HCGP appearing for the respondent - State submits that the petitioners having been found to be gambling have committed the aforesaid offence and the charge sheet filed against them cannot be faulted.