SRI. SHARIF ABBAS CHAMANSHEIKH v. THE STATE OF KARNATAKA

(BY SRI RAMACHANDRA MALI, ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY KUDACHI POLICE STATION, BELAGAVI DISTRICT, NOW REP. BY STATE P.P. HIGH COURT OF KARNATAKA BUILDING, DHARWAD BENCH, DHARWAD (BY SMT. GIRIJA S. HIREMATH, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS IN C.C.NO.212/2020 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, RAIBAG AND QUASH THE COMPLAINT AND FIR DATED 12/10/2019 REGISTERED IN KUDACHI PS CRIME NO.116/2019 AND ALSO THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS IN C.C.NO.212/2020 REGISTERED FOR THE OFFENCE PUNISHABLE U/SEC.78(3) OF KARNATAKA POLICE ACT AND U/S 353, 420 OF IPC, ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN SO FAR AS THE SAME RELATE TO THE PETITIONERS / A1 AND A2 HEREIN, AS THE SAME BEING VITIATED, ILLEGAL AND NOT SUSTAINABLE IN LAW IN VIEW OF THE LAW LAID DOWN BY THIS HON BLE COURT IN CRL.P.101997/2019 DISPOSED OF ON 10/12/2019 AND IN CRL.P.NO.101997/2019 AND OTHER CONNECTED MATTERS DISPOSED OF ON 10/12/2019. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:11277 CRL.P No. 100827 of 2021 HC-KAR THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

The petitioners are before this Court with a prayer to quash the entire proceedings in C.C. No.212/2020 pending before the Court of Addl. Civil Jude & JMFC, Raibag registered for the offences punishable under Section 78(3) of the Karnataka Police Act and Sections 353 and 420 of the IPC by Kudachi Police Station, Belagavi District.

Heard the learned counsel for the parties.

Learned counsel for the parties submits that even if the allegations found in the first information as well as in the charge sheet are presumed to be true, the offences punishable under Sections 353 and 420 of the IPC cannot be made out in the present case. So far as the offence punishable under Section 78(3) of the Karnataka Police Act is concerned, there is no compliance of Section 155(2) of the Cr.P.C. Accordingly, he prays to allow the petition. - 3 - NC: 2025:KHC-D:11277 CRL.P No. 100827 of 2021 HC-KAR

Per contra, learned HCGP has opposed petition. In information dated 12.10.2019 submitted by the Police Officer attached to the Kudachi Police Station, Belagavi, it is alleged that based on the credible information received, the first informant along with his staff had raided the spot, wherein the accused were allegedly indulged in conducting the illegal business of matka. On reaching the spot, they found two persons present at the alleged spot, while some others managed to escape. The said two persons after coming to know that the persons who had conducted a raid were Police Officers allegedly pushed the first informant and tried to escape from the spot. However, the other staff, who were present along with first informant, managed to apprehend the said two persons and on verification they revealed their names as Sharif and Sahebhussein. It is further averred in the first information that from apprehended accused, cash of Rs.26,040/- and other articles which were used for the purpose of conducting the illegal business of mataka were - 4 - NC: 2025:KHC-D:11277 CRL.P No. 100827 of 2021 HC-KAR recovered and subsequently apprehended accused were brought to the Police Station and FIR was registered against them.

In the present case, undisputedly, the Police have not received any complaint from the public about being cheated by anyone of the petitioners herein. Even during the course of investigation, statement of any such independent person, who has been cheated by the petitioners has not been recorded. Therefore, there is absolutely no material to invoke Section 420 of IPC in the present case against the petitioners. The allegation against the petitioners is that after seeing the Police, they tried to escape from the spot after pushing one of the Police staff. The said allegation is not sufficient to invoke the offence punishable under Section 353 of the IPC and necessary ingredients so as to invoke the offence punishable under Section 353 of the IPC is not found either in the first information or in the charge sheet. Therefore, the registration of the FIR and filing of the charge sheet for the - 5 - NC: 2025:KHC-D:11277 CRL.P No. 100827 of 2021 HC-KAR offences punishable under Sections 353 and 420 of IPC is not justifiable.

So far as offence punishable under Section 78(3) of the Karnataka Police Act is concerned, the same is non- cognizable offence and therefore, the compliance of Section 155(2) of the Cr.P.C. becomes necessary. In the present case, the material on record would prima facie go to show that Section 155(2) of the Cr.P.C. is not complied. Therefore, I find force in the contention urged on behalf of the petitioners that only to overcome the mandatory compliance of Section 155(2) of the Cr.P.C., the offence under the provisions of IPC has been invoked in the present case.