Quashed

Yalaguradappa Bhimappa Goudar v. State of Karnataka

Karnataka HC14 Oct 2022CRL.P/100664/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench allowed a criminal petition under Section 482 Cr.P.C. and quashed an FIR registered against 15 petitioners. The court held that the charge of injury was impermissible due to lack of medical evidence and that the underlying land dispute was civil, not criminal.

What did the court decide?

Quashing of the first information report in Crime No. 32/2022 registered by Bagalkot Rural Police Station.

Yalaguradappa Bhimappa Goudar Vs State of… — Public Procurement and Tenders | Karnataka HC (2022)

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CRL.P No. 100664 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100664 OF 2022 (482-)

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BETWEEN:

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YALAGURADAPPA BHIMAPPA GOUDAR AGE: 74 YEARS, OCC: NIL, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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LAKKAPPA BHIMAPPA GOUDAR AGE: 74 YEARS, OCC: AGRICULTURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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HANAMANT YALAGURADAPPA GOUDAR AGE: 49 YEARS, OCC: AGRICULTURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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Digitally signed by SUJATA SUBHASH PAMMAR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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LAXMAN HANAMANT GOUDAR AGE: 23 YEARS, OCC: NIL, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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ANIL HANAMANT GOUDAR AGE: 19 YEARS, OCC: ITI STUDENT, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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ASHIK YALAGURADAPPA GOUDAR AGE: 20 YEARS, OCC: AGRICULURE, R/O SIDNAL VILLAGE

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CRL.P No. 100664 of 2022

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TQ AND DIST BAGALKOT

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RAGHU ASHOK GOUDAR AGE: 23 YEARS, OCC: AGRICULURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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AKASH ASHOK GOUDAR AGE: 18 YEARS, OCC: PUC II YEAR, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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PRAVEEN ASHOK GOUDAR AGE: 17 YEARS, OCC: PUC II YEAR R/O SIDNAL VILLAGE

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TQ AND DIST BAGALKOT

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YALLAVVA YALAGURADAPPA GOUDAR AGE: 61YEARS, OCC: NIL, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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SIDAVVA ASHOK GOUDAR AGE: 41 YEARS, OCC: AGRICULTURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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RENAVVA HANAMANT GOUDAR AGE: 42 YEARS, OCC: AGRICULTURE, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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HANAMANT LAKKAPPA GOUDAR AGE: 42 YEARS, OCC: NIL, R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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BHIMAPPA LAKKAPPA GOUDAR AGE: 30 YEARS, OCC: AGRICULTURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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CRL.P No. 100664 of 2022

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15. VITTAL LAKKAPPA GOUDAR

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AGE: 35 YEARS, OCC: AGRICLTURE R/O SIDNAL VILLAGE TQ AND DIST BAGALKOT

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…PETITIONERS

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(BY SRI. GANGADHAR S HOSAKERI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BKG RURAL POLICE STATION REPRESENTED BY THE STATE PUBIC PROSECUTOR HIGH COURT BUILDING DHARWAD-580001

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2 SANGAPPA S/O NEELAPPA ULLAGADDI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: ANDAMURNAL VILLAGE, TQ & DIST: BAGALKOT,

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…RESPONDENTS

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(BY SRI. V.S.KALASURMATH, HCGP FOR R1; SRI.MRUTYUNJAY HALLIKERI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR DATED 12.02.2022 IN CRIME NO.0032/2022 FILED AGAINST THE ACCUSED NO.1 TO 15/PETITIONERS HEREIN FOR THE OFFENCE PUNISHABLE U/S 143, 147, 323, 447, 353, 504, 506 AND 149 OF IPC AND THE ENTIRE PROCEEDINGS PENDING BEFORE THE ADDITIONAL CIVIL JUDGE AND JMFC, BAGALKOT.

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THIS CRIMNIAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CRL.P No. 100664 of 2022

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ORDER

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FIR was lodged by the respondent No.2 alleging that, on 12.02.2022, the petitioners/accused by forming an unlawful assembly assaulted and abused the respondent No.2 in filthy language, when survey was being conducted to remove the encroachment made by petitioners/accused and also the petitioners/accused obstructed the Revenue officials from discharging their duty. The Police registered FIR for the offences punishable under Section 143, 147, 323, 447, 353, 504, 506 and 149 of IPC.

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I have examined the submission made by the learned counsel for the parties.

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The respondent No.2 has not placed any material to substantiate his claim that he sustained injuries due to the alleged assault made by petitioners/accused. In the absence any material, the registration the FIR for the offence punishable under Section 323 of IPC is impermissible. The alleged incident has taken place on 10.02.2022 and the FIR was lodged on

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CRL.P No. 100664 of 2022

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12.02.2022. The allegations made in the complaint clearly

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implies that the dispute between the parties is with respect to alleged encroachment made by the petitioner/accused on the land belonging to respondent No.2, and the dispute which is civil in nature is given a criminal texture alleging commission of aforesaid offences, and if the investigation is allowed to be continued, it would be an abuse of process of law. Accordingly, I pass the following:

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ORDER

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The criminal petition is allowed. The impugned first information report in Crime No.32/2022 registered by the Bagalkot Rural Police Station is hereby quashed.

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SD/JUDGE

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AC.

Yalaguradappa Bhimappa Goudar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Yalaguradappa Bhimappa Goudar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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