ALIMURTUZA DADEPIR CHAMANMALIK Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE above petitions are filed by the petitioner -accused under Section 482 of Cr.P.C. seeking to quash the complaint, FIR dated 01.06.2015 registered in Kudachi Police Station Crime No. 123/2015, 138/2015, 246/2013, 405/2013, 8/2014, 58/2014, 373/2013, 256/2014, 18/2014, 124/2015, 192/2012 and Crime No. 19/2013 (charge sheet and the entire proceedings in C.C. No. 404/2015, C.C. No. 406/2015, C.C. No. 298/2014, C.C. No. 309/2014, C.C. No. 229/2014, C.C. No. 228/2014, C.C. No. 226/2014, C.C. No. 715/2014, C.C. No. 194/2014, C.C. No. 405/2015, C.C. No. 574/2012 and C.C. No. 396/2013 respectively on the file of the Addl. Civil Judge & JMFC, Raibag) and Crime No. 73/2015 in which case the investigation is yet to be completed, in so far as the same relate to the petitioners herein as the same being vitiated, illegal and not sustainable in law in view of the law laid down by this Court in Crl. P. No. 100319/2014 and other connected matters disposed on 25.07.2014 in the interest of justice. The offence alleged in all the above petitions is punishable under Section 78(3) of the Karnataka Police Act. In all the above petitions the petitioner and respondent are one and the same.

(2.) BRIEF facts of the case as averred in the petition are that, Kudachi Police of Belagavi District have registered a case against the petitioner punishable under Section 78(3) of the Karnataka Police Act and upon the complaint registered by Sri Anjaneya.N.H., P.S.I. (Law & Order), Kudachi Police Station, District Belagavi. The complainant further states that on 01.06.2015 when he was patrolling in Suttatti village received credible information that petitioners were engaged in playing "O.C. Matka/gambling" near Morab bus stand road and were cheating the people. After informing said information to the Dy. S.P., Gokak, I/C Chikkodi and C.P. I, Rayabag -complainant and his staff secured two panch witnesses and went to the spot in the jeep and observed that the petitioners were inviting the general public to play O.C./Matka by saying that they would give Rs. 80/ - for Rs. 1/ - and pay Rs. 800/ - for Rs. 10/ - and when the complainant and other staff members after ascertaining that the accused persons were engaged in playing of O.C./Matka for their benefit, attacked the said persons and caught hold accused No. 1 while other persons ran away from the spot. After enquiry from the said person he told his name as Chandrakant Virupakshi Shiragavi resident of Morab and it was from that accused No. 1 that he gives money after collecting to the petitioner. Accordingly, as per the say of the accused No. 1 name of the petitioner was also involved in the complaint and FIR registered by the Kudachi Police in Crime No. 123/2015. Thereafter, accused No. 1 was arrested and produced before the jurisdictional magistrate and later released on bail. On the strength of the complaint registered, Police conducted investigation and after completion of the investigation filed charge sheet for the offence punishable under Section 78(3) of the K.P. Act as against the petitioner herein and the same has been registered as C.C. No. 404/2015. Petitioners challenged the legality and correctness of the proceedings initiated on the ground as mentioned in the respective petitions.

(3.) I have heard arguments of the learned counsel for the petitioner in the above respective petitions and also the learned Govt. Pleader for the respondent -State.