RACHAYYA SWAMY S/O BASAVARAJAYYA SWAMY Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 482 of Cr.P.C., praying to quash the proceedings in C.C.No.395/2015 (Crime No.69/2015 of Deodurga P.S.) for the offence punishable under Section 78 (iii) of Karnataka Police Act, 1963 (hereinafter referred to as 'K.P. Act'.)

(2.) Brief facts of the case are that, on 03.04.2015 at 5.00 p.m., the respondent-Police received credible information regarding some persons playing matka in the Arkera village in front of Mazid Suppliers Store, at a public place. Immediately the complainant by securing his staff and panch witnesses, conducted a raid and there he noticed that one person was writing numbers for Rs.1/- to Rs.80/- and was receiving money from the public for which the respondent-Police and the staff caught hold that person who revealed his name and identity, and rest of the people ran away from the spot. The respondent-police caught hold the petitioner and seized makta papers, one ball point pen and cash from the possession of the accused and a case came to be registered in the above said Crime number and subsequently after investigation, charge sheet came to be filed against the accused persons.

(3.) I have heard the learned counsel appearing for the petitioner and the learned Addl. SPP appearing for the respondent-State.