LEO CARNELLO Vs. VIJAY C.

JUDGEMENT

(1.) Heard Sri P.P. Hegde, learned Senior Counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.

(2.) What is called in question in the case at hand is the registration of a crime for offences punishable under Sec. 78(3) of the Karnataka Police (Amendment) Act, 2021. The Amendment Act became the subject matter of challenge before the Division Bench in ALL INDIA GAMING FEDERATION v. STATE OF KARNATAKA AND ANOTHER . The Division Bench in its order dtd. 14/2/2022 has quashed the Amendment by holding it to be unconstitutional. The said finding rendered is reported in 2022 SCC ONLINE KAR. 435.

(3.) In the light of the Division Bench holding the very amendment to the Karnataka Police Act to be unconstitutional and setting it at naught, the crime that is registered in the case at hand which is for Sec. 78(3) of the Karnataka Police (Amendment) Act, 2021, would tumble down. For the aforesaid reasons, in the light of the very provisions under which the petitioner is now wanting to be hauled into the web of crime having been set at naught, I deem it appropriate to obliterate the proceedings against the petitioner. For the aforesaid reasons, the following: