AI Structured Summary
Not yet generated for this judgment
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.