Conducting raid does not amount to probe: Karnataka HC

The high court has held that conducting a raid or search does not amount to an investigation.

Dismissing a petition filed challenging a raid and subsequent investigation by Chikkamagaluru police, the court said that police are not expected to obtain the Magistrate’s permission when they have credible information about an incident, such as andar-bahar (illegal gambling).

The petition was filed by nine accused persons, who were found indulging in illegal gambling at Senior Citizens Service Centre in Chikkamagaluru in February last year.

The Basavanahalli police had seized Rs 12,550 in cash and registered an FIR after obtaining permission from the Magistrate.

The petitioners claimed that the police ought to have secured permission from the Magistrate in terms of section 155 (2) of the Criminal Procedure Code (CrPC) before conducting the raid and investigation.

Justice H P Sandesh said that a magistrate’s permission is required only for the registration of FIR. In the case on hand, the FIR was registered after obtaining permission from the Magistrate.

“The very contention of the petitioners, that conducting the raid itself amounts to an investigation, cannot be accepted for the reason that when the credible information is received with regard to the persons who have indulged in andar-bahar, the police are not expected to wait till they obtain permission from the learned Magistrate, and the permission is required only for the registration of the case,” the court said.

The court also pointed out that the raid was conducted after obtaining the search warrant from the Deputy Superintendent of Police (DySP) under section 81 of the Karnataka Police Act, which is permissible.

“Section 81 (d) of Karnataka Police Act authorises to seize all instruments of gaming and all money and securities for money and articles of value, which are reasonably suspected to have been used as intended to be used for the purpose of gaming, which is found therein,” the court said.