Case Note & Summary
The petitioner, Ramanji, was arraigned as accused No.2 in C.C.No.4389/2021 pending before the Prl. Civil Judge and JMFC, Pavagada, arising out of Crime No.213/2021 of Pavagada Police Station for the offence punishable under Section 78(3) of the Karnataka Police Act, 1963. The prosecution case was that on 27.09.2021, based on credible information, the police raided a spot where accused No.1 was found playing Matka (a form of gambling) offering Rs.70 for one rupee. The customers fled, and accused No.1 was apprehended. Cash, articles, and a ball pen were seized. After following procedure under Section 41 Cr.P.C., an NCR was registered, and after obtaining permission under Section 155(2) Cr.P.C., an FIR was registered. Subsequently, the police filed a charge-sheet implicating the petitioner as accused No.2. The petitioner filed this petition under Section 482 Cr.P.C. seeking quashing of the proceedings. The court heard arguments from both sides. The court examined the charge-sheet material and found that there was no incriminating material against the petitioner. The charge-sheet merely mentioned the petitioner's name as accused No.2 without any allegation that he was present at the scene or involved in the gambling. The court held that for an offence under Section 78(3) of the Karnataka Police Act, the accused must be found gaming or present at the gaming place. Since there was no such material, the proceedings against the petitioner were an abuse of process of law. The court allowed the petition and quashed the proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Inherent Powers - The High Court can quash criminal proceedings if no prima facie case is made out against the accused. - The court examined whether the charge-sheet material disclosed any involvement of the petitioner in the alleged gambling offence. - Held that where the charge-sheet does not contain any material to show the accused's presence or participation, proceedings are liable to be quashed. (Paras 1-5) B) Karnataka Police Act - Gambling Offence - Section 78(3) - Requirement of Presence or Participation - The offence under Section 78(3) requires that the accused be found gaming or present at the gaming place. - The court noted that the charge-sheet only mentioned the petitioner's name as accused No.2 without any specific allegation of his involvement. - Held that mere naming in the charge-sheet without incriminating material is insufficient to sustain prosecution. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the petitioner-accused No.2 for the offence under Section 78(3) of the Karnataka Police Act, 1963 should be quashed for lack of incriminating material.
Final Decision
The petition is allowed. The criminal proceedings in C.C.No.4389/2021 pending on the file of Prl. Civil Judge and JMFC, Pavagada, in respect of Crime No.213/2021 of Pavagada Police Station, are quashed against the petitioner-accused No.2.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- No material to show accused No.2 was present or involved in gambling
- Section 78(3) Karnataka Police Act requires active participation or presence at the scene
