SHANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused is sought to be prosecuted for the offence punishable under Sec. 78(3) of the Karnataka Police Act, 1963.

(2.) The summary of the charge sheet is that, on receiving the credible information that, a person in Gabbur village was involved in gambling, the respondent along with the staff and panch witnesses conducted a raid, and found that the accused was announcing that, if any one gives Rs.1.00 by taking the number, and if their number is selected, he would pay Rs.80.00, and taking money from people around him, and giving them matka numbers. Thereafter, the panchanama was conducted on the very same day, and the incriminating materials were seized from the accused herein. The police, after conducting investigation, sent a requisition to the jurisdictional Magistrate to obtain permission as specified under Sec. 155(2) of Cr.PC. The learned Magistrate, after perusing the requisition passed an order under Sec. 155(2) of Cr.PC to register, and investigate the offence punishable under Sec. 78(iii) of the Karnataka Police Act, 1963, which is a non-cognizable offence.

(3.) The contention of the petitioner is that, before obtaining an order under Sec. 155(2) of Cr.PC, the police had already registered the FIR, conducted the investigation and the subsequently obtained an order under Sec. 155(2) of Cr.PC. The registration of FIR and conducting of investigation of the offence punishable under Sec. 78(iii) of the Karnataka Police Act, 1963 which is non-cognizable offence and stands vitiated for non-compliance of mandatory provision contained in Sec. 155(2) of Cr.PC. Hence, the continuation of criminal proceeding will be an abuse of process of law. Accordingly, I pass the following: