Karnataka HC Quashes Matka-Gambling Case, Says Later Magistrate Permission Could Not Validate Earlier Police Raid

In brief

The question

1. Whether the police could investigate an offence under Section 78(3) of the Karnataka Police Act, 1963, without first obtaining the Magistrate’s permission required for a non-cognizable offence.

The court held

The Court held that the investigation could not be sustained because it began before the required Magistrate’s permission was obtained.

It also directed

It allowed the petition and quashed the proceedings in Criminal Case No. 4414 of 2025, arising from Crime No. 122 of 2025, against the petitioner.

01Facts

The petitioner sought to quash proceedings against him under Section 78(3) of the Karnataka Police Act, 1963, arising from a police raid on 19 July 2025.

pp. 2–3

Police alleged that he was conducting matka gambling and seized a matka chit, a pen and ₹6,000.

pp. 2–3

The Magistrate’s permission to investigate was granted that day, but the police had already conducted the raid and seized the articles before obtaining it.

pp. 8–9

A charge-sheet was subsequently filed.

pp. 2–3

02Issues

i.1. Whether the police could investigate an offence under Section 78(3) of the Karnataka Police Act, 1963, without first obtaining the Magistrate’s permission required for a non-cognizable offence.

pp. 3–4, 8

ii.2. Whether permission granted after the police had conducted the raid and seized evidence could validate the investigation already undertaken.

pp. 8–9

03Law Applied

The Court applied Sections 155(1) and 155(2) of the Code of Criminal Procedure, 1973.

p. 5

Under Section 155(1), on receiving information about a non-cognizable offence, the officer in charge must enter its substance in the prescribed book and refer the informant to the Magistrate; under Section 155(2), a police officer cannot investigate such a case without an order from a Magistrate empowered to try or commit it.

p. 5

The Court relied on Vaggeppa Gurulinga Jangaligi v. State of Karnataka, ILR 2020 KAR 630, including its guidance that the Magistrate must independently consider the request and make a proper order permitting investigation.

pp. 6–8

Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

KARNATAKA POLICE ACT, 1963. Section 78

Code of Criminal Procedure, 1973 Section 155

04Reasoning

The Court treated the Section 78(3) offence as non-cognizable and found that the police had conducted the raid and seized articles before the Magistrate granted permission.

pp. 8–9

Because investigative steps had already been taken before the order under Section 155(2), the later permission could not validate the prior investigation.

pp. 8–9

The investigation therefore contravened the mandatory statutory procedure.

pp. 8–9