ATAULLA S/O ABDULSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All the above petitions are filed by the petitioner praying the Court to quash/set-aside the final report submitted by the PSI of Rattihalli Police Station in Crime Nos.140/2015 (pending in C.C.No.78/2016), 14/2015 (pending in C.C.No.92/2015), 92/2016 (pending in C.C.No.199/2016) and 98/2016 (pending in C.C.No.201/2016), respectively, for the offence punishable under Section 78(3) of Karnataka Police Act.

(2.) Looking to the allegations made in the complaint in all the four cases, they are substantially one and the same. Therefore, to know the case of the prosecution, the averments in the complaint pertaining to Crl.P.101167/2017 is taken into consideration, wherein the Inspector of Special Police Station, District Crime Branch, Haveri, lodged the complaint alleging that at about 5.00p.m. when he was in the Police Station, one Malathesh, who standing on the road near Cinema Theatre at Rattihalli, with an intention to commit fraud to the public, he was telling that he will give Rs.80.00 for Re.1.00 and he was getting the amount from the public and he was noting down OC numbers and in that regard the PSI received the credible information and then, he get the staff members and also secured two panch witnesses, then they went nearby Malatesh Cinema Theatre at Rattihalli and when they see by hiding, they observed, one person standing on the public road and in the light of the street light, with an intention to commit fraud on the public, stating that he will give Rs.80.00 for Re.1.00 and collecting money from the public and he was noting down OC numbers and they were confirmed that he is playing matka and after showing to the panch witnesses and when they wanted to apprehend the said person by gherao and raid on the said person, the public, who were giving the numbers ran away, and even the staff of the complainant chased them, but they were not traced. It is further stated that when they conducted raid on the person, who was noting the numbers, and apprehended him in the presence of panch witnesses, when his name was asked, he told his name as Abbujar S/o. Mukthyar Ahmed, Resident of Rattihalli. When they conducted the personal search of the said person, they found Rs.810/- and the chits containing OC.Numbers, totally 6 white papers, so also, there are some blank white sheets, which were prepared to note down the OC Number, one ball pen, Nokia Mobile (Black colour) of Rs.100/- and they were seized in the presence of panch witnesses. When the said person was asked to whom he is going to give said Matka chits, for that, he told that he will give to one Ataulla Abdulsab Haunsbhavi, who is staying on the back side of Hirekrur bus-stand. Then he was taken along with them and along with the seized materials they came to the Police Station after preparing the panchanama on the spot itself. Then the complainant lodged the complaint, on the basis of which, case came to be registered for the alleged offence under Section 420 of IPC and Section 78(3) of Karnataka Police Act.

(3.) In all other three cases, the FIR was registered for the offence under Section 78(3) of Karnataka Police Act.