Karnataka High CourtCriminal Procedure and EvidenceCriminal Law

Karnataka HC Quashes Proceedings Against Cricket-Betting Accused Named Only In Co-Accused’s Statement, Finding No Magistrate Permission To Register FIR

DATTUSA S/O RAMACHANDRASA SOLUNKEv.THE STATE OF KARNATAKA

Karnataka HC Quashes Proceedings Against Cricket-Betting Accused Named Only In Co-Accused’s Statement, Finding No Magistrate Permission To Register FIR. DATTUSA S/O RAMACHANDRASA SOLUNKE vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the proceedings against the petitioner could continue when the complaint did not name him and he was implicated on the basis of a co-accused’s voluntary statement.

The court held

The High Court allowed the petition and quashed the proceedings against accused No. 2/petitioner in Crime No. 39/2025, pending as C.C. No. 3848/2025 before the Principal Civil Judge and JMFC, Hubballi, for the offence under Section 78(3) of the Karnataka Police Act.

It also directed

The pending interlocutory application was disposed of as not surviving for consideration.

01Facts

The petitioner was arraigned as accused No. 2 in a case alleging illegal cricket betting and prosecuted under Section 78(3) of the Karnataka Police Act.

pp. 3–5 · ¶ 1–6

The complaint described the alleged betting activity but did not name the petitioner; he was implicated on the basis of accused No. 1’s voluntary statement.

pp. 3–5 · ¶ 1–6

The petitioner sought to quash the proceedings, contending that the Magistrate’s permission required under Section 155 CrPC had not been obtained.

pp. 3–5 · ¶ 1–6

The State opposed the petition, asserting that permission had been obtained and that the charge sheet disclosed prima facie material.

pp. 3–5 · ¶ 1–6

02Issues

i.1. Whether the proceedings against the petitioner could continue when the complaint did not name him and he was implicated on the basis of a co-accused’s voluntary statement.

p. 6 · ¶ 7

ii.2. Whether the proceedings were liable to be quashed because the Investigating Officer had not obtained the Magistrate’s permission required under Section 155 CrPC.

p. 6 · ¶ 7

03Law Applied

Section 155 CrPC requires the prescribed Magistrate’s permission for the police to investigate a non-cognizable offence; the Court treated that permission as mandatory in this case.

p. 3, 6 · ¶ 1, 7

The alleged offence was under Section 78(3) of the Karnataka Police Act.

p. 3, 6 · ¶ 1, 7

Provisions in the judgment · 4 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482Section 155

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

KARNATAKA POLICE ACT, 1963. Section 78

04Reasoning

The Court observed that the complaint did not mention the petitioner and that he had been implicated on the basis of the co-accused’s voluntary statement.

p. 6 · ¶ 7

It further examined the materials before it and found that the Investigating Officer had not obtained the permission required under Section 155 CrPC.

p. 6 · ¶ 7

In the absence of that permission, the Court held that the proceedings against the petitioner could not continue.

p. 6 · ¶ 7

05Holding

The High Court allowed the petition and quashed the proceedings against accused No. 2/petitioner in Crime No. 39/2025, pending as C.C. No. 3848/2025 before the Principal Civil Judge and JMFC, Hubballi, for the offence under Section 78(3) of the Karnataka Police Act.

pp. 6–7 · ¶ 8

The pending interlocutory application was disposed of as not surviving for consideration.

pp. 6–7 · ¶ 8
Karnataka High Court

Original Court PDF

DATTUSA S/O RAMACHANDRASA SOLUNKEvsTHE STATE OF KARNATAKA

Karnataka High Court · October 30, 2026

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