CHANDRAYYA S/O PAMPAYYA HIREMATHA vs STATE OF KARNATAKA

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HC-KAR
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CRL.P No. 101711 of 2026


CNR: KAHC020106952026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 101711 OF 2026

(482(Cr.PC)/528(BNSS))

BETWEEN:

CHANDRAYYA S/O PAMPAYYA HIREMATHA
AGED ABOUT 50 YEARS,
OCCUPATION: BUSINESS,
RESIDING OF: WARD NO.1,
SIDDAPUR, TALUK: KARATAGI,
DISTRICT: KOPPAL - 583 282.
…PETITIONER
(BY SRI. NAGANAGOUDA M. PATIL, ADVOCATE)







AND:

STATE OF KARNATAKA
REPRESENTED BY ITS SPP,
HIGH COURT OF KARNATAKA
DHARWAD BENCH - 580 011,
(THROUGH KARATAGI PS).
…RESPONDENT
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)



Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BNSS (U/S 482 OF CR.P.C.) PRAYING TO QUASH THE
ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST
PETITIONER/ACCUSED IN CC NO.252/2025 (ARISING OUT OF
CRIME NO.10/2025 AT KARATAGI PS) PENDING ON THE FILE
OF THE CIVIL JUDGE AND JMFC, KARATAGI (ITINERARY
COURT), FOR THE ALLEGED OFFENCE PUNISHABLE UNDER
SECTION 78 (3) OF THE KARNATAKA POLICE ACT, 1963, BY
ALLOWING THE CRIMINAL PETITION OF THIS PETITIONER.

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THIS PETITION, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

The petitioner/accused has filed this petition under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, seeking to quash the entire proceedings in C.C.
No.252/2025 in connection with Crime No. 10/2025 of
Karatagi P.S., pending on the file of the learned Principal
Civil Judge & JMFC, Karatagi(Itinerary Court), Koppal
District, registered for the offence punishable under
Section 78(3) of the Karnataka Police Act, 1963.

Heard Sri Naganagouda M. Patil, learned counsel for
the petitioner and Sri Praveen Y. Devariddiyavar, learned
High Court Government Pleader for the respondent –
State.

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2. The brief facts of the prosecution case in a nutshell
are as under:

On 10.01.2025 at about 4:00 p.m., when the defacto
complainant/PSI of Karatagi Police Station was at the
police station, he received credible information that matka
gambling activities were being conducted at a public place
near the entrance Agasi of Siddapura village, within the
jurisdiction of Karatagi Police Station. Upon receipt of the
information, the complainant along with his staff and
panchas proceeded to the spot, conducted a raid at about
5:05 p.m., and found the accused was collecting money
from the public, issuing matka chits, and promising
Rs.80/- for every Rupee 1/-. After confirming the illegal
activity, they seized a ball pen, a matka chit, and cash
amounting to Rs.660/- under a seizure panchanama, and
lodged a complaint against the petitioner. The SHO
registered a case in Crime No.10/2025 for the offence
under Section 78(3) of the KP Act. In turn, the IO

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investigated and filed a charge sheet. Taking exception to
the same, the petitioner has preferred this petition.

3. Learned counsel for the petitioner has contended
that the complaint is misconceived and the alleged offence
is a non-cognizable under the provisions of the Code of
Criminal Procedure, 1973 (for short, 'Cr.P.C.'). Therefore,
the Police have no authority to investigate the crime. He
further contended that the police have not complied with
mandatory requirements of Section 155(1) of Cr.P.C.
When the officer-in-charge of the Police Station receives
an information regarding commission of a non-cognizable
offence, he shall enter the same in a book to be
maintained by the said Officer and refer the informant to
the Magistrate. Further, Section 155(2) of Cr.P.C.
mandates that no Police Officer shall investigate a non-
cognizable case without order of a Magistrate having
jurisdiction to try such case or to commit such case for
trial. Whereas in the instant case, there is no iota of

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evidence to show that the above said mandatory
requirements are complied with. Therefore, the
proceedings initiated against the petitioner are liable to be
quashed.

4. Learned High Court Government Pleader has
contended that the Investigating Officer has followed all
mandatory provisions and that the petitioner is involved in
the offence alleged against him. Therefore, the learned
HCGP prayed to dismiss the petition.

5. It is not in dispute that an offence punishable
under Section 78(3) of the Act is a non-cognizable offence.
When the report is received by the Station House Officer
of the Police Station in respect of commission of non-
cognizable offence, the Station House Officer has to follow
the mandatory procedure prescribed under Section 155(1)
and 155(2) of Cr.P.C.

6. Section 155(1) and (2) of Cr.P.C. reads as under:

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“155. Information as to non-cognisable cases and
investigation of such cases.

(1) When information is given to an officer-in- charge
of a police station of the commission within the limits
of such station of a non-cognisable offence, he shall
enter or cause to be entered the substance of the
information in a book to be kept by such officer in such
form as the State Government may prescribe in this
behalf, and refer the informant to the Magistrate.

(2) No police officer shall investigate a non- cognisable
case without the order of a Magistrate having power to
try such case or commit the case for trial.”


7. In view of the aforesaid proposition of law, it is the
duty of the Police Officer to enter the substance of the
information in the prescribed book and to refer the
informant to the Magistrate under Section 155(1) of
Cr.P.C., and thereafter, the jurisdictional Magistrate is
required to pass an order permitting the Police Officer to
investigate the case as required under Section 155(2) of
Cr.P.C. Therefore, unless the Police Officer is permitted by
the Magistrate in an order to investigate a non-cognizable
offence, the Police Officer does not get jurisdiction to

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investigate the matter and file a final report or charge-
sheet.

VAGGEPPA
8. This Court in the case of
GURULINGA JANGALIGI V. STATE OF KARNATAKA
,
ILR 2020 KAR 630
reported in , considering non-
compliance of mandatory provisions of Section 155(1) and
(2) of Cr.P.C., has held as under:

“20. Therefore, under Rule 1, the Magistrate shall
endorse on the report whether the same has been
received by post or muddam. Under Rule 2,
Magistrate has to specify in his order the rank and
designation of the Police Officer or the Police Officer
by whom the investigation shall be conducted.
Considering the mandatory requirement of Section
155(1) and (2) of Cr.P.C., and Rule 1 and 2 of
Chapter V of the Karnataka Criminal Rules of
Practice, this Court proceed to laid down the
following guidelines for the benefit of the judicial
Magistrate working in the State.

i) The Jurisdictional Magistrates shall stop
hereafter making endorsement as ‘permitted’ on
the police requisition itself. Such an
endorsement is not an order in the eyes of law
and as mandated under Section 155(2) of
Cr.P.C.

ii) When the requisition is submitted by the
informant to the Jurisdictional Magistrate, he
should make an endorsement on it as to how it

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was received, either by post or by Muddam and
direct the office to place it before him with a
separate order sheet. No order should be
passed on the requisition itself. The said order
sheet should be continued for further
proceedings in the case.

iii) When the requisition is submitted to the
Jurisdictional Magistrate, he has to first examine
whether the SHO of the police station has
referred the informant to him with such
requisition.

iv) The Jurisdictional Magistrate should examine
the contents of the requisition with his/her
judicious mind and record finding as to whether
it is a fit case to be investigated, if the
Magistrate finds that it is not a fit case to
investigate, he/she shall reject the prayer made
in the requisition. Only after his/her subjective
satisfaction that there is a ground to permit the
police officer to take up the investigation,
he/she shall record a finding to that effect
permitting the police officer to investigate the
non-cognizable offence.

v) In case the Magistrate passes the orders
permitting the investigation, he/she shall
specify the rank and designation of the Police
Officer who has to investigate the case, who
shall be other than informant or the
complainant.”


9. In view of the mandatory requirements stated in
Section 155(1) and (2) of Cr.P.C. and the ratio laid down
in the decision cited supra, the Station House Officer of

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the Police Station has no authority unless the jurisdictional
Magistrate permits him for investigation of non-cognizable
offence.

10. In the instant case, the learned Magistrate has
passed the order on 11.01.2025 at 10.00 a.m. permitting
the Police Officer to conduct investigation. Whereas, the
Police Inspector of Karatagi Rural Police Station conducted
raid on the petitioner/accused and seized the articles on
10.01.2025 at 4.00 p.m. itself. It shows that before
granting permission, the Investigating Officer had
completed investigation.

11. Undisputedly, the offence for which the First
information Report has been registered is a non-cognizable
offence. Even prior to obtaining permission as required
under Section 155(2) of Cr.P.C., the raid was conducted
by the first informant along with other Police staff, and
certain articles and cash were also seized and subjected to
panchanama. The said panchanama is part of the charge-

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sheet which is filed in the present case. Therefore, it is
apparent that the investigation had commenced in the
present case even before registration of the First
Information Report. Under these circumstances, this Court
is of the opinion that the entire proceedings, if allowed to
continue, the same would amount to abuse of process of
law.

Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
i. Criminal petition is .

ii. The entire proceedings in Criminal Case
No.252/2025 in connection with Crime No.
10/2025 of Karatagi Police Station, pending on the
file of the Principal Civil Judge & JMFC,
Karatagi(Itinerary Court), for the offence
punishable under Section 78(3) of the Karnataka
Police Act, 1963, as against the petitioner, stands
quashed.

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In view of the disposal of the petition, pending
interlocutory applications, if any, shall stand dismissed.


Sd/-
(VENKATESH NAIK T)
JUDGE

MN/-
CT:SK
List No.: 1 Sl No.: 21