RAJESH AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are arraigned as accused Nos.1 to 65 in C.C.No.1205/2017 on the file of Principal Civil Judge (Sr.Dn.) and CJM Court, Chitradurga District, Chitradurga for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.

(2.) On careful perusal of the entire materials on record, it is seen that the Respondent-Police on 08.07.2017 have raided Harsha Sports Paradise Club situated at NH-4 Road, Chitradurga near Mandara Bar and Restaurant. On credible information that, some people were playing a game called Andar-Baahar, which is alleged to be a pure game of chance. The Police have raided the said Club and seized certain articles and also arrested some persons. In that context, the petitioners were also arraigned as accused persons. After investigation, the Police has submitted the charge-sheet in C.C.No.1205/2017.

(3.) Two questions have been raised before this Court that, the said Police have no jurisdiction to investigate the offence under the Karnataka Police Act, which are non-cognizable in nature, without the orders of the jurisdictional Magistrate as contemplated under Section 155(2) of Cr.P.C. Secondly, it is contended that throughout the charge-sheet, nowhere it is explained as to how the Andar-Baahar game is played and whether it is a pure game of chance or skill is required to play that game. If any skill is required, it cannot be called as gambling. In such an event, the Police cannot file any charge-sheet for the offences under Sections 79 and 80 of the Karnataka Police Act.