DATTUSA S/O RAMACHANDRASA SOLUNKE vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 104542 of 2025


CNR: KAHC020228622025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 30 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH


CRIMINAL PETITION NO. 104542 OF 2025

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

BETWEEN:

DATTUSA



S/O. RAMACHANDRASA SOLUNKE,

AGE. 47 YEARS,

OCC. BUSINESS,

R/AT. JANATA COLONY,

ARVIND NAGAR,

OLD HUBBALLI,

Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
HUBBALLI,
DIST. DHARWAD-580024.

…PETITIONER

(BY SRI. GOURISHANKAR S.MOT, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
HUBBALLI SUB URBAN
POLICE STATION,
HUBBALLI,

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CRL.P No. 104542 of 2025


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REP. BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
AT. DHARWAD-580011.

…RESPONDENT

(BY SRI. JAIRAM SIDDI, HCGP)

---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING
TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE
ACCUSED NO.2/PETITIONER IN SUB-URBAN POLICE STATION,
HUBBALLI, IN CRIME NO.39/2025, NOW PENDING IN
C.C.NO.3848/2025 ON THE FILE OF PRL. CIVIL JUDGE AND
JMFC COURT AT HUBBALLI FOR THE OFFENCE PUNISHABLE
UNDER SECTION 78(3) OF K.P. ACT, IN THE INTEREST OF
JUSTICE.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CRL.P No. 104542 of 2025


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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)


1. The petitioner is arraigned as accused No.2 in Crime
No.39/2025 of respondent-police for the offence under
Sections 78(3) of the Karnataka Police Act, seeking to
quash the entire proceedings in C.C. No.3848/2025,
pending on the file of the Principal Civil Judge and JMFC
at Hubbali.

Brief facts of the case:


2. The case of the prosecution is that the complainant, being
a Constable attached to the respondent - police station,
filed a complaint stating that he had received information
on 30.03.2025 stating that one person was indulging in
illegal cricket betting activities in a public place by
inducing the public to participate in the betting game and
invest money by offering them that he would give an
equal amount for what they have invested for betting. On
receiving the said information, he went to the spot and
found that the said person was standing near Lamington

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School City Bus stop and was holding chits in his hand
and he was writing the names of the subscribers. On
seeing the said person, the complainant and his team
went and apprehended him and conducted a search and
seized the materials which were being used by him to
play betting. Thereafter, the respondent - police
registered a case, conducted investigation and submitted
the charge sheet.


3. Heard Sri Gourishankar S. Mot, learned counsel for the
petitioner and Sri Jairam Siddi, learned High Court
Government Pleader for respondent – State.


4. The submission of the learned counsel for the petitioner is
that the petitioner is arraigned as accused No.2. He has
been implicated in this case on the voluntary statement of
accused No.1. The petitioner is nowhere connected to the
case. Even on filing the charge sheet, the Investigating
Officer has not connected the present petitioner with the
crime. Even after receiving the said statement, nothing
has been recovered from the petitioner.

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5. It is further submitted that the permission to register a
case from the Magistrate has not been obtained, which is
mandatory. Therefore, the petition may be allowed and
the entire proceedings may be quashed against the
petitioner. Making such submissions, learned counsel for
the petitioner prays to allow the petition.

Per contra
6. learned High Court Government Pleader for
respondent - State vehemently submitted that the
procedure has been followed by the Investigating Officer.
After obtaining permission from the Magistrate, a case
has been registered against the petitioner. The charge
sheet has already been filed. He has to face the trial.
There are prima facie materials made out against him.
Hence, at this stage, it is not appropriate to quash the
proceedings. Making such submissions, learned High
Court Government Pleader for respondent – State prays
to reject the petition.

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7. Having heard the learned counsel for the respective
parties and on perusal of the averments of the complaint,
nowhere in the complaint the name of the present
petitioner is found. The petitioner has been arraigned as
accused No.2 on the basis of voluntary statement of the
co-accused. Moreover, on reading the entire materials
produced before the Court, it appears that the
Investigating Officer has not obtained the permission to
register FIR, which is mandatory as per Section 155 of
the Code of Criminal Procedure. In the absence thereof,
the proceedings against the petitioner has to be quashed.


8. In the light of the observation made above, I proceed to
pass the following:
ORDER
allowed.
(i) The Criminal Petition is

(ii) Entire proceedings against the
accused No.2 / petitioner herein in
Crime No.39/2025 of respondent-
police, now pending on the file of the
Principal Civil Judge and JMFC at

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Hubbali in C.C. No.3848/2025, for the
offence under Section 78(3) of the
Karnataka Police Act, is quashed.

(iii) In view of disposal of the petition,
pending I.A., does not survive for
consideration and the same is also
disposed of.



Sd/-
(S.RACHAIAH)
JUDGE






MRK/Bss
CT: UMD
List No.: 19 Sl No.: 8