VEERANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioners' counsel and also the learned HCGP for respondent.

(2.) The factual matrix of the case is that on 6/8/2018 at about 12.00 p.m., the police and staff were went to Balaji Recreation Club , where they found that petitioners and other accused persons were playing the game of cards known as 'Andar Bahar' at 1.00p.m. On enquiry, the accused persons ran away from room and 26 persons were caught hold and enquired about their names. The respondent police have registered the case in crime No.273/2018 against the petitioners and other accused persons for the offences punishable under Sections 79 and 80 of the Karnataka Police act, 1963.

(3.) The main contention of the petitioners in the petition is that the offences alleged against the petitioners is non cognizable offence and the Investigating Officer did not comply section 155(1) and 155(2) of Cr.P.C. that they have not given any information to the Magistrate and also not sought any permission to proceed with the case and without complying the mandatory provisions, registered the case against the petitioners.