Matka Case Against Accused No. 3 Quashed After Police Investigated Without Magistrate’s Order: Karnataka HC

On 2 August 2024, police received information that persons were writing matka chits and numbers on Alwandi–Handral Road.

Police raided the location, arrested Accused Nos. 1 and 2, and seized a pen, mobile phone, chit and cash.

A case was registered under Section 78(3) of the Karnataka Police Act, 1963, and a charge-sheet was later filed against the petitioner, Accused No. 3.

The petitioner sought quashing of the proceedings, contending that the offence was non-cognizable and that the police had neither followed Section 155(1) of the Code of Criminal Procedure, 1973 (“CrPC”) nor obtained the Magistrate’s permission to investigate under Section 155(2).

Section 155(1) CrPC requires the officer in charge, on receiving information about a non-cognizable offence, to record its substance in the prescribed book and refer the informant to the Magistrate; Section 155(2) prohibits police investigation of a non-cognizable case without an order from a Magistrate empowered to try or commit the case.

The Court relied on Vageppa Guruling Jangaligi v. State of Karnataka, ILR 2020 KAR 630, which explained the mandatory procedure for seeking and granting such permission, including the need for a reasoned judicial order and specification of the investigating officer.

The Court accepted that the offence under Section 78(3) of the Karnataka Police Act was non-cognizable.

The Magistrate’s permission had not been obtained before the raid, and the seizure panchanama formed part of the charge-sheet.

The Court concluded that the police had commenced investigation before obtaining the order required by Section 155(2) CrPC.

In those circumstances, allowing the proceedings to continue would amount to an abuse of process of law.

Any pending interlocutory applications were dismissed.