Karnataka HC Quashes IPL Betting Case Against Man After Police Fail To Show Magistrate’s Permission To Investigate Non-Cognizable Offence

The petitioner sought to quash proceedings in C.C. No. 77/2026, arising from Crime No. 64/2022, for an alleged offence under Section 78(6) of the Karnataka Police Act, 1963.

The prosecution alleged that he was conducting IPL betting and that police seized cash, a mobile phone and betting slips from him.

After investigation, the police filed a charge sheet.

The petitioner argued that the alleged offence was non-cognizable and that the police had neither obtained prior Magistrate’s permission to investigate nor produced an order granting permission

Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a police officer may not investigate a non-cognizable case without an order of a Magistrate empowered to try or commit the case for trial.

The Court treated the alleged offence under Section 78(6) of the Karnataka Police Act as non-cognizable for the purpose of the petition.

Section 528 of the BNSS empowers the High Court to quash proceedings where continuation would constitute an abuse of process.

No judicial precedents were cited.

The Court found no material showing that the police had applied for or obtained a Magistrate’s order authorising investigation under Section 174(2) of the BNSS.

It held that, in the absence of compliance with that provision, the police should not have proceeded with the investigation.

On that basis, and without expressing any view on the merits of the allegations, the Court concluded that the proceedings could not continue and that their continuation would be an abuse of process.

It quashed the proceedings in C.C. No. 77/2026, arising from Crime No. 64/2022, against the petitioner under Section 78(6) of the Karnataka Police Act.

It further ordered that the seized articles be confiscated to the State in accordance with law.