MR. VENKATESH S/O GOVIND RAO AVALE vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18348
CRL.P No. 104175 of 2025
CNR: KAHC020213982025
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. 104175 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MR. VENKATESH
S/O GOVIND RAO AVALE,
AGE. 40 YEARS,
OCC. TAILOR,
R/O. BEHIND SHARDA TAKIES,
KOPPAL,
TQ. DIST. KOPPAL-583231.
2. MR. RAVIKUMAR
S/O. BASAPPA HADAPAD,
AGE. 39 YEARS,
OCC. BUSINESS,
R/O. MITTIKERI STREET,
KOPPAL,
TQ. DIST. KOPPAL-583231.
3. MR GAVISIDDAPPA
S/O. NAGAPPA KONAD,
AGE. 35 YEARS,
OCC. BUSINESS,
R/O. BEHIND SHARDA TAKIES,
KOPPAL,
TQ. DIST. KOPPAL-583231.
4. MR SUBASH
S/O MARIYAPPA BANNIKOPPAL,
OCC. CONTRACTOR,
R/O. AMBEDKAR NAGAR,
KOPPAL,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
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HC-KAR
NC: 2026:KHC-D:18348
CRL.P No. 104175 of 2025
CNR: KAHC020213982025
TQ. DIST. KOPPAL-583231.
…PETITIONERS
(BY SRI. BASAVARAJ RUDRAPPA YARADONI, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA,
BY KOPPAL RURAL POLICE STATION,
REP.BY THE STATE PUBLIC PROSECUTOR,
DHARWAD DISTRICT,
HIGH COURT BUILDINGS
DHARWAD-580011.
2. SRI ASHOK BEVER
S/O. NOT KNOWN,
AGE. MAJOR,
OCC. PSI,
R/O. KOPPAL RURAL POLICE STATION,
TQ. DIST. KOPPAL-583231.
…RESPONDENTS
(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 CHARGE SHEET IN CC.NO.1525/2025 ARISING
OUT OF CRIME NO.58/2025 OF KOPPAL RURAL POLICE
STATION, KOPPAL, FOR THE OFFENCES PUNISHABLE UNDER
SECTION OF 87 OF K P ACT, WHICH IS PENDING ON THE FILE
OF ADDL. CIVIL JUDGE AND JMFC, KOPPAL.
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HC-KAR
NC: 2026:KHC-D:18348
CRL.P No. 104175 of 2025
CNR: KAHC020213982025
THIS CRIMINAL PETITION, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. The petitioners, who are arraigned as accused Nos.1 to 4,
are before this Court seeking to quash the charge sheet in
C.C. No.1525/2025, arising out of Crime No.58/2025 of
respondent – police station, pending on the file of the
Additional Civil Judge and JMFC, Koppal, for the offence
punishable under Section 87 of Karnataka Police Act,
1963.
Brief facts of the case:
2. The complainant - Police Sub-Inspector (Crime and
Security), Koppal Rural Police Station, lodged a complaint
before the respondent - Police stating that on
02.04.2025, at about 08:15 p.m., when he was in the
police station, he had received an information that some
persons were playing cards in the land within the limits of
the said police station. On receiving the said information,
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HC-KAR
NC: 2026:KHC-D:18348
CRL.P No. 104175 of 2025
CNR: KAHC020213982025
he took his staff along with the panch witnesses went to
the spot and confirmed that four persons were playing
cards near the land of Shivamma Bannikoppa near
railway track. They surrounded them around 09:00 p.m.
in the presence of panch witnesses, apprehended them
and confirmed their names and seized the materials and
also the cash and registered a case against the
petitioners. Thereafter, the respondent - Police conducted
investigation. After conducting the investigation,
submitted the charge sheet.
3. Heard Sri Basavaraj R. Yaradoni, learned counsel for
petitioners and Sri Jairam Siddi, learned High Court
Government Pleader for respondent – State.
4. The submission of the learned counsel for the petitioners
is that the petitioners are innocent of the alleged
offences. They were not playing any gambling which is
prohibited under law. The respondent - police had not
followed the procedure before registering the FIR or
conducting the investigation. In the absence of prior
permission from the Magistrate to conduct investigation,
the entire proceedings would be vitiated. Therefore,
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HC-KAR
NC: 2026:KHC-D:18348
CRL.P No. 104175 of 2025
CNR: KAHC020213982025
continuing the proceedings against the petitioners would
not serve any purpose. Hence, the petition may be
allowed and the proceedings may be quashed. Making
such submissions, learned counsel for the petitioners
prays to allow the petition.
Per contra
5. , the learned High Court Government Pleader
for respondent - State vehemently submitted that the
petition is filed on flimsy grounds. In fact, the procedure
has been followed properly by the police. The permission
has been obtained from the Magistrate before registering
the case. Since it is a non-cognizable offence, the charge
sheet has already been submitted. There are prima facie
materials to show that they were playing gambling which
is considered as offence under the Karnataka Police Act.
Therefore, the petitioners have to face the trial. Making
such submissions, learned High Court Government
Pleader for respondent – State prays to reject the
petition.
6. Having heard the learned counsel for the respective
parties and on perusal of the averments of the charge
sheet, the alleged offence is non-cognizable in nature.
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CRL.P No. 104175 of 2025
CNR: KAHC020213982025
Under such circumstances, it is necessary to obtain
permission from the Magistrate before registering the FIR.
On going through the documents made available, the
permission obtained from the Magistrate has not been
produced. Even the learned High Court Government
Pleader has failed to produce the said document to
substantiate his argument. Having considered the said
aspect, it is appropriate to quash the proceedings as the
said permission is mandatory to register the FIR.
Registering the FIR without obtaining the permission from
the Magistrate to conduct investigation in a non-
cognizable offence, renders the entire proceedings
void-ab-initio.
7. Hence, I proceed to pass the following:
ORDER
allowed.
i) The Criminal Petition is
ii) The entire proceedings in C.C. No.1525/2025,
arising out of Crime No.58/2025 of respondent –
police station, pending on the file of the
Additional Civil Judge and JMFC, Koppal, for the
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CRL.P No. 104175 of 2025
CNR: KAHC020213982025
offence punishable under Section 87 of
Karnataka Police Act, 1963, is hereby quashed.
Sd/-
(S.RACHAIAH)
JUDGE
Bss CT: UMD
List No.: 19 Sl No.: 1