Proceedings for non-cognizable offences are quashed when police investigate without prior Magistrate permission.

On 23 October 2023, police received information that persons were playing the card game “Andar Bahar” for stakes at a house in Shahapur. After obtaining permission from the Deputy Superintendent of Police, the police raided the premises, apprehended 14 persons including the petitioner (Accused No. 4), and seized money and playing cards. A case was registered and a charge sheet filed for offences under Sections 79 and 80 of the Karnataka Police Act, 1963.

The petitioner sought to quash the proceedings in C.C. No. 5495/2023, arguing that prior Magistrate permission had not been obtained.

The Court noted that proceedings against the other accused had already been quashed by coordinate-bench orders.

1. Whether the proceedings against the petitioner for non-cognizable offences under Sections 79 and 80 of the Karnataka Police Act could continue when prior permission of the Magistrate had not been obtained

2. Whether the petitioner was entitled to the benefit of the coordinate-bench orders quashing proceedings against the co-accused

The Court treated offences under Sections 79 and 80 of the Karnataka Police Act as non-cognizable and held that prior Magistrate permission was required before proceeding with the investigation.

It referred to Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and described the corresponding provision under the Code of Criminal Procedure as Section 154.

The Court also relied on the coordinate-bench orders quashing the proceedings against the co-accused, which had left the Investigating Officer at liberty to obtain valid permission and file a charge sheet if advised.

The Court found it undisputed that the alleged offences were non-cognizable and that prior Magistrate permission had not been obtained.

It further noted that the proceedings against the other accused arising from the same case had already been quashed, and that the Investigating Officer had not subsequently obtained the required permission.

On those grounds, the Court held that the petitioner, as Accused No. 4, was also entitled to have the proceedings quashed, without determining the merits of the allegations.

The entire proceedings in C.C. No. 5495/2023, arising from Crime No. 231/2023, were quashed insofar as the petitioner, Accused No. 4, was concerned.