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Judgment
The learned Additional State Public Prosecutor is directed to take notice for the first respondent.
The present petitioners are accused Nos.5 to 8 and they are accused of offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 read with Section 420 of the Indian Penal Code, 1860. The allegations are that Accused No.1 was said to have been engaged in betting of cricket matches and several other accused were either persons who had lost the bets or won the bets who were to pay the prize money or receive the prize money. It is during this process that on credible information, the police are said to have conducted a raid and seized incriminating material from Accused Nos.1 to 14 and a case had thereafter been registered. It is this procedure which is sought to be questioned in the present petition.
It is further stated that insofar as some of the accused are concerned, they had already challenged the proceedings before this court and their petitions have been allowed.
Therefore, on similar grounds, namely without registering of the case a raid having been conducted and incriminating material having been seized, falls foul of Section 155(2) of the Code of Criminal Procedure, 1973. Therefore, the entire proceedings stand vitiated and this has been upheld in the earlier order.
Accordingly, the petition is summarily allowed. The proceedings pending in C.C.No.10395/2006 on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.