In the High Court of Karnataka at Bengaluru

1 CRL.P. NO .9325/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 TH DAY OF DECEMBER, 2018 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9325/2018 BETWEEN: 1. ASHOKA S/O LATE SANKAPPA AGED ABOUT 43 YEARS R/AT DR. VASANTHA SUVARNA COMPOUND JEPPU, MAHAKALI PADDPU JEPPU MANGALORE, D.K-575 003 2. SUDESHA S/O LATE LAKSHMANA AGED ABOUT 45 YEARS R/AT SUMITHRA NILAYA RAM BAGH COMPOUND NEAR DHUMAVATHI TEMPLE HOYIGE BAZAAR MANGALORE, D.K-575 003 3. BHUJANGA SHETTY S/O LATE LOKU SHETTY AGED ABOUT 47 YEARS R/AT BRAMARI NILAYA KUTHARU HOUSE, MUNNURU POST & VILLAGE ULLALA, MANGALORE D.K.DISTRICT-575 020 4. RAKESH S/O LATE DINESH AGED ABOUT 42 YEARS R/AT H.NO.3142/A1 JYOTHINAGARA, THIRUVAILU VAMAJURU MANGALORE TALUK D.K.DISTRICT-575 028 2 CRL.P. NO .9325/2018 5. MOHAMMED ASHRAF S/O HASEENAR AGED ABOUT 42 YEARS R/AT M.J.M-483, KASABA BENGRE MANGALORE TALUK D.K.DISTRICT-575 003 6. ARUN KUMAR S/O LATE VISHWANATH BANGERA AGED ABOUT 56 YEARS R/AT H.NO.11-11A/34A SARSWATHA COLONY, KOYLA SOMESHWARA, MANGALORE D.K.DISTRICT-575 023 7. PRAVEEN S/O RAVEENDRA AGED ABOUT 47 YEARS R/AT NEAR KODLU ESHWARA MADHURU KASARAGODU KERALA STATE-671 122 8. MOHAMMED SHARIFF S/O SHEIKH ALI, AGED ABOUT 37 YEARS R/AT H.NO.3-195 KANYANA, BANTWAL TALUK DAKSHINA KANNADA-574 219 9. YOGESH S/O LATE MAHABALA AGED ABOUT 34 YEARS R/AT NEAR DEEPAK BAR SITE NO.1, 9 TH BLOCK NYTHANGADY, KATIPALY SURTHAKAL MANGALORE D.K.DISTRICT-575 011 10. AJEEZ S/O LATE MOHAMMED BAVA AGED ABOUT 42 YEARS R/AT KUPANA MAJALU HOUSE PUDU VILLAGE, PARANGI PETE BANTWAL TALUK DAKSHINA KANNADA-574 220 3 CRL.P. NO .9325/2018 11. RAMAKRISHNA SHETTY S/O LATE MARAPPA SHETTY AGED ABOUT 47 YEARS R/AT THULASI KRUPA MANDYARU, KOTEKAORU POST & VILLAGE MANGALORE-575 012 12. SYED ALI S/O UMAR AGED ABOUT 36 YEARS R/AT POTTILIGE, NEAR YATHIKHAN MASK THODUGOLI CROSS, NARIMGANA VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574 221 13. MUSTHAFA S/O LATE ALIYABBA AGED ABOUT 45 YEARS R/AT POTTILIGE, NEAR YATHIKHAN MASK THODUGOLI CROSS, NARINGANA VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574 221 14. PRAVEEN BENGRE S/O LATE AMARNATH MENDON AGED ABOUT 28 YEARS R/AT PRAVEENA PAVITHRA NIVASA VIDYARTHI SANGHA, THOTA BENGRE MANGALORE TALUK D.K.DISTRICT-575 009 15. RAJESH S/O LATE SHIVAPPA AGED ABOUT 37 YEARS R/AT HALE ROAD KOYLA, SOMESHWARA MANGALORE D.K.DISTRICT-575 023 16. SUDEEP S/O ANANDA AGED ABOUT 25 YEARS R/AT KABURA, VAKKADIGOLI POST SIDDHAKATEE, BANTWAL DAKSHINA KANNADA-574 023 ... PETITIONERS (BY SHRI NISHIT KUMAR SHETTY, ADVOCATE) 4 CRL.P. NO .9325/2018 AND: STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ... RESPONDENT (BY SHRI S.RACHAIAH, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4843/2018 (CRIME NO.212/2018) PENDING ON THE FILE OF JMFC (II COURT) MANGALORE, D.K. DISTRICT FOR THE OFFENCES P/U/Ss.79 & 80 OF KARNATAKA POLICE ACT, 1963. THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER Heard. 2. Shri Nishit Kumar Shetty, learned advocate for the petitioners submits that complainant, Pradeepa T R has filed FIR No.212/2018 on 12.7.2018 in Mangaluru North Police Station against sixteen accused persons for offences punishable under Sections 79 & 80 of the Karnataka Police Act, 1963 alleging that the petitioners were playing ‘a game of chance’. T he said offences are non-cognizable in nature and therefore could not have been investigated by the police without express permission by 5 CRL.P. NO .9325/2018 way of a speaking order from the learned jurisdictional Magistrate. The learned Magistrate has endorsed on a requisition filed by the police as ‘permitted’ and therefore, it is a non-speaking order. Based on such permission, police could not have conducted enquiry and filed the charge sheet. 3. The facts narrated by the learned advocate for the petitioners are not disputed by the learned HCGP. 4. This Court after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as ‘permitted’ is not a speaking order. [See, The Padubidri Members Lounge and others v. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)]. 5. In the circumstances, this petition merits consideration and it is accordingly allowed . Resultantly, All proceedings in C.C.No.4843/2018 (Crime No.212/2018) 6 CRL.P. NO .9325/2018 pending on the file of JMFC-II, Mangaluru, D.K. District, are quashed. 8. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and the same stands disposed of. No costs. Sd/- JUDGE cp* .

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