SIDDU ALIAS SIDRAMAPPA Vs. STATE

JUDGEMENT

(1.) THE petitioners have sought for quashing of the proceedings before the III Additional Civil Judge ( Jr. Dn.) and JMFC, Gulbarga, in C.C. 3085/2012 registered against the petitioners for the offences punishable under Sections 79 & 80 of the Karnataka Police Act.

(2.) THE brief factual matrix of the case are that, it is alleged that on 29.03.2012 at about 2.00 p.m., on receiving credible information, the Chowk Police, Gulbarga, raided a Club by name Friends Recreation Club situated at Nehru Ganj, just behind Avinash Petrol Pump and the police found that the accused persons in a group playing Andar -Bahar game by using playing cards. It appears, after investigation, the police have submitted the charge sheet and in total, they seized cash of Rs.1,10,781/ - and 104 playing cards, 20 Plastic Chairs and two Plastic Tables. The order sheet of the Trial Court discloses that the matter was posted for recording of the plea of the accused on 26.12.2014. On that day, some of the accused remained absent, therefore, their plea was not recorded. It is submitted by the learned counsel for the petitioners that on 19.01.2015 also the plea has not been recorded by the Trial Court. At this juncture, the present petition is filed.

(3.) THIS Court on several occasions has come down heavily on the police in registering cases under Sections 79 and 80 of the K. P Act r/w. Section 154 of Cr.P.C. instead of under Section 155 of Cr.P.C. and referring the parties to the Magistrate for obtaining permission under Section 155(2) of Cr.P.C. for investigation. That has not been done in this particular case. It is worth to note hear that this Court in Criminal Petition No.201028/2014 disposed of on 07.01.2015 between GHANSHAM Vs. STATE OF KARNATAKA has categorically held that, -