BASVARAJ AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of learned Advocate appearing for the parties, it is taken up of for final disposal.

(2.) Petitioners have been arrayed as accused Nos. 1 to 10 in Crime No. 173/2015 registered by Gandhi Gunj Police Station for the offences punishable under Sec. 34 of Karnataka Excise Act, 1965 (for short 'Exercise Act') and Ss. 79 and 80 of Karnataka Police Act, 1963 (for short 'Police Act'). They are seeking for quashing of FIR inter alia contending that petitioners are the members of a registered Recreation Club and as per the Memorandum of Articles of said club which is registered under Karnataka Societies Act said club they were apprehended by jurisdictional police on the ground they were found gambling in the Club and possessing liquor bottles without licence. It is contended that seizure panchanama does not disclose about petitioners having indulged in gambling or playing cards and hence Ss. 79 and 80 of the Police Act is not attracted and as such if prosecution is proceeded with it would result in abuse of process of law. It is further contended that seizure panchanama also does not disclose about petitioners consuming liquor/alcohol in the club premises and as such Ss. 34 of the Excise Act is also not attracted.

(3.) Sri Sanjay A. Patil, learned Advocate appearing for petitioners would reiterate the grounds urged in the petition.