Karnataka HC Quashes Case Against Four Men Accused Of Playing Cards After Police Fail To Produce Magistrate’s Permission

On 2 April 2025, a Police Sub-Inspector received information that persons were playing cards on land within Koppal Rural Police Station limits.

Police went to the spot, apprehended the four petitioners and seized materials and cash; a case was registered and a charge sheet was later filed under Section 87 of the Karnataka Police Act, 1963.

The petitioners sought quashing of the proceedings in C.C. No. 1525/2025, arguing that the alleged offence was non-cognizable and that the police had proceeded without the Magistrate’s prior permission.

The State maintained that permission had been obtained

The Court applied Section 87 of the Karnataka Police Act, 1963, under which the alleged offence was treated as non-cognizable.

It held that prior permission from the Magistrate is necessary before registering an FIR and conducting an investigation into a non-cognizable offence; proceedings initiated without that permission are void ab initio.

The judgment does not cite a specific provision of the procedural code or any precedent.

The Court treated the alleged Section 87 offence as non-cognizable and considered the Magistrate’s prior permission a prerequisite to the police action.

Although the State submitted that permission had been obtained, neither the permission document nor other proof of it was produced before the Court.

In the absence of evidence that the required permission existed, the Court concluded that the proceedings were invalid.

It allowed the petition and quashed the entire proceedings in C.C. No. 1525/2025, arising from Crime No. 58/2025, pending before the Additional Civil Judge and JMFC, Koppal