Case Note & Summary
The petitioners, Rakeshkumar S/o Satpal Girdhar, Santosh S/o Maruti Hulkund, and Gulab alias Gulabhusen S/o Nabisaab Naragund, were arraigned as accused Nos.1 to 3 in Crime No.100/2021 registered at Jamkhandi Town Police Station, Bagalkote District, for offences punishable under Sections 78(1)(a)(vi) and 80 of the Karnataka Police Act, 1963 (KP Act). The prosecution alleged that based on credible information, the petitioners were found gambling at a public place. The petitioners filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the proceedings on the ground that the mandatory sanction under Section 78(3) of the KP Act was not obtained before taking cognizance. The High Court of Karnataka at Dharwad Bench, presided over by Dr. Justice H.B. Prabhakara Sastry, heard the matter. The petitioners' counsel argued that Section 78(3) of the KP Act requires prior sanction of the Commissioner or Superintendent or other officer as specified before any court can take cognizance of an offence under Section 78(1)(a)(vi) and 80. The State, represented by the High Court Government Pleader, did not dispute the absence of sanction. The Court examined the provisions and noted that Section 78(3) explicitly states that no court shall take cognizance of any offence under sub-section (1) or Section 80 except on the report in writing of the facts constituting such offence by the police officer not below the rank of Assistant Commissioner of Police or Deputy Superintendent of Police, or with the previous sanction of the Commissioner or Superintendent or other officer as specified. Since the record did not indicate any such sanction or report, the Court held that the proceedings were not maintainable. Consequently, the Court allowed the petition and quashed the entire proceedings in Crime No.100/2021 pending on the file of the Prl. Civil Judge and JMFC, Jamkhandi.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Karnataka Police Act, 1963, Sections 78(1)(a)(vi), 80, 78(3) - Sanction - The petitioners sought quashing of proceedings for offences under Sections 78(1)(a)(vi) and 80 of KP Act on the ground that no sanction under Section 78(3) was obtained. The Court held that sanction under Section 78(3) is a condition precedent for taking cognizance of offences under Section 78(1)(a)(vi) and 80 of the Act. Since no such sanction was obtained, the proceedings were quashed. (Paras 1-5)
Issue of Consideration
Whether the criminal proceedings against the petitioners for offences under Sections 78(1)(a)(vi) and 80 of the Karnataka Police Act, 1963 can be quashed for want of mandatory sanction under Section 78(3) of the Act?
Final Decision
The petition is allowed. The entire proceedings in Crime No.100/2021 pending on the file of the Prl. Civil Judge and JMFC, Jamkhandi, for the offences punishable under Sections 78(1)(a)(vi) and 80 of the Karnataka Police Act, 1963, are quashed.
Law Points
- Sanction under Section 78(3) of Karnataka Police Act
- 1963 is mandatory before taking cognizance of offences under Sections 78(1)(a)(vi) and 80 of the Act
- Quashing of criminal proceedings under Section 482 Cr.P.C. for lack of sanction
