JUDGEMENT
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(1.)Petitioner, who is accused No.3 before the trial Court, have filed this petition under Sec. 482 of Cr.P.C, with a
prayer to quash the order dtd. 15/2/2022 passed by the Civil
Judge and J.M.F.C, Siruguppa in C.C No.83/2022 taking
cognizance for the offence punishable under Sec. 78(3) of
Karnataka Police Act, 1963 (for short "K.P. Act"), contending
that the alleged offence is a non-cognizable and the
investigating officer has not obtained the permission of the
jurisdictional magistrate as mandated under Sec. 155 of the
Cr.P.C and therefore, the entire proceedings are vitiated.
(2.)Heard the learned counsel representing the petitioner and also the learned High Court Government Pleader
for the respondent and perused the records.
(3.)As evident from the records, Crime No.09/2022 came to be registered against the petitioner for the offence
punishable under Sec. 78(3) of K.P. Act, based on the
complaint filed by P.S.I. Takkalakote Police Station, alleging
that on 20/1/2022 at 1.20 p.m., at a public place in front of
Manigar Masjid of Takkalakote village, the petitioner was
indulged in collecting money from public for "Matka" which is a
game of chance.
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