JUDGEMENT
K. N. Phaneendra, J. -
(1.)The petitioners, who are arrayed as accused Nos.1 to 3 in CC No.308/2017, arising out of Crime No.70/2016 pending on the file of the JMFC II Court, Davanagere, for the offence punishable under section 78(6) of Karnataka Police Act, have filed this petition seeking quashing of the said proceedings.
(2.)The learned counsel for the petitioners strenuously contends that none of the offence invoked by the Police at the time of registering the FIR or the offence alleged in the charge- sheet are attracted, on plain reading of the charge-sheet itself. Therefore, he contends that the entire proceedings deserves to be quashed.
(3.)The brief factual matrix of the case are as follows:
That on 16.4.2016 at about 8.00 p.m., on receipt of credible information, that some persons are betting for IPL Cricket Match between Gujarath Lions and Mumbai Indians, the Police Inspector attached to KTJ Nagar Police Station, Daanagere Central Circle, had been to Bagatsingh nagar, along with his staff went to a Lodge situated at P.B. Road and found in Room No.152 of the said Lodge were betting watching Television. Further, it is alleged that those two persons i.e., Rahul and Rakesh were in the said room, watching television and they have collected money from the public and not repaying the same as agreed. Therefore, the Police have arrested them and seized certain articles and after thorough investigation filed charge-sheet.
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