BASAWARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is same in all the above cases. The petitioner has approached this Court seeking quashing of the entire proceedings before different police stations, and cases registered against him in different crime numbers as noted above, registered against him for the offence under section 78(6) and other provisions of Karnataka Police Act and also under section 420 of Indian Penal Code.

(2.) The sum and substance of factual matrix in all the cases are that, it is alleged that the accused persons involved in the above cases, were indulged in playing gambling by betting on cricket matches, collecting money from the public with an intention to cheat them after collecting the money on the assurance that they would give back double the money than the one deposited by public at large. It is also alleged that the accused persons who were arrested in the above said cases (named in the FIR) disclosed the name of this petitioner who was also involved in betting and also entitled for a share in the bounty as such, the police have also registered the cases against this petitioner.

(3.) Pre contra, the learned High Court Government Pleader contends that at this stage in order to disbelieve the allegations against the petitioner, no other materials are produced except the first information report. The police have to investigate about the truth of the contents of the first information report and it is too premature stage to quash the proceedings. At this stage, the Court cannot imagine or expect what the investigating agency would do and what materials they may collect during the course of investigation. The full opportunity should be given to the investigating agency and the Court should not stifle the legitimate investigation by the police.