Karnataka HC Quashes OC Matka Case Against Two Men After Police Investigated Without a Magistrate’s Order

The petitioners, accused Nos. 1 and 2, faced proceedings arising from Kalaghatagi Police Crime No. 135/2025, registered as C.C. No. 77/2026, for alleged offences under Section 78(3) of the Karnataka Police Act, 2021 and Section 112 of the BNS, 2023.

The prosecution alleged that, on 13 June 2025, accused No. 1 was conducting OC matka activity near a tea shop, collecting money and issuing slips.

The complainant and police staff conducted a raid and seized cash, a pen and a matka chit; the police later filed a charge sheet.

The petitioners sought quashing, contending that the investigation into a non-cognizable offence proceeded without compliance with the required Magistrate-permission procedure.

The Court applied Sections 155(1) and 155(2) of the Code of Criminal Procedure, 1973: on receiving information about a non-cognizable offence, the police must record the substance of the information and refer the informant to the Magistrate; police may not investigate such a case without an order from a competent Magistrate.

It treated an offence under Section 78(3) of the Karnataka Police Act as non-cognizable.

It relied on Vageppa Gurulinga Jangalagi v. State of Karnataka, ILR 2020 KAR 630, concerning the limits on police action in such cases.

The Court also held that the ingredients of Section 112, as referred to in the case, were not attracted.

The Court found that Section 78(3) was non-cognizable and that the police had conducted the raid and seized the items without first obtaining the jurisdictional Magistrate’s permission to investigate.

It held that the mandatory procedure under Sections 155(1) and 155(2) had not been followed and, applying the cited precedent, concluded that the police lacked authority to proceed as they had.

It also found Section 112 was not attracted; accordingly, the proceedings could not be sustained.

Pending applications, if any, were disposed of.