MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of petitioners' counsel and the HCGP for respondent.

(2.) The factual matrix of the case is that on 7.10.2013, Hosapete Rural Police have registered a case in Crime No.170/2013, for the offence punishable under sections 79 and 80 of the Karnataka Police Act against these petitioners and other accused persons. It is alleged in the complaint that on 7.10.2013 the complainant received a credible information that some people are playing 'Andar Baahar' gaming at Balaj i Sports Recreation Club. Immediately after obtaining information, the Investigating Officer along with raiding staff conducted raid on the premises of Balaj i Sports Recreation Club and intercepted these petitioners and other accused paying 'Andar Baahar' gaming. The complainant after conducting raid, prepared seizure panchanama and registered a case in Crime No.170/2013. The police after completion of the investigation submitted charge sheet against the petitioners and other accused persons. The petitioners being aggrieved by the initiation of the proceedings have filed this petition invoking section 482 of Cr.P.C. , to quash the proceedings initiated against these petitioners for the offence punishable under sections 79 and 80 of the Karnataka Police Act.

(3.) The main contention of the petitioners is that the learned Magistrate has not passed any orders under section 155 (2) of Cr.P.C. granting permission to the respondent police to investigate the case. In the absence of permission from the learned Magistrate, the very registration of crime and the consequent investigation and the final report filed by the Investigating Officer is bad in law for non compliance of section 155(2) of Cr.P.C. The very initiation of the proceedings against these petitioners without there being any material to show that they have committed the alleged offence, infringes the personalliberty of the petitioners guaranteed under Article 21 of the Constitution of India. It is further contended that the Balaj i Sports Recreation Club is a registered Club registered under the Societies Registration Act and therefore it cannot be said that the gaming which was running at the time of raid was illegal . The club has permission to run the gaming in the premises and hence prayed this Court to quash the proceedings.