Daijiworld Media Network - Bengaluru/Mangaluru (SS)
Bengaluru/Mangaluru Apr 11: The Karnataka High Court has quashed proceedings against a recreational club citing non-compliance with requirements under Section 155 of the CrPC relating to non-cognisable offences.
Hariraj Shetty, a member of the club, had challenged the proceedings pending before a metropolitan magistrate, Mayo Hall, Bengaluru, for offences punishable under the Sections 79 and 80 of the Karnataka Police Act, 1963.
There is nothing on record to show police referred the informant to the magistrate as required under Section 155(1) of CrPC, or obtained the necessary order as envisaged under Section 155 (2) before embarking upon an investigation, Justice M Nagaprasanna said.
The judge said on the face of it, the respondents had violated the provisions of Sections 155(1) and 155(2) of CrPC.
On March 13, 2021, the CCB police, had, under instructions of the assistant commissioners and four other inspectors entered the club, disconnected the CCTV recorder and conducted a raid and arrested persons playing a game of chance by placing bets.