Dismissed

Shri.Shafiulla Mubarak Golandaj v. Shri.Yamanappa Jetteppa Chaluvadi

Karnataka HC2 Dec 2022CRL.P/101810/2019

Case brief

AI extract

What is this about?

In a criminal petition filed to quash prosecution for offences including rioting and damage to public property, this High Court dismissed the petition, holding that the argument of false implication required adjudication after a full-fledged trial.

What did the court decide?

The petition seeking quashing of criminal proceedings was dismissed, with liberty reserved to apply for discharge.

Shri.Shafiulla Mubarak Golandaj Vs… — Criminal Trial and Appeal | Karnataka HC (2022)

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CRL.P No. 101810 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 101810 OF 2019

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BETWEEN:

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SHRI.SHAFIULLA MUBARAK GOLANDAJ AGE- 40 YEARS, OCC- ELECTRICIAN, R/O- SAI NAGAR, RAIBAG, TAL- RAIBAG, DIST- BELAGAVI-591317.

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SHRI.YUNUS NOORUDDIN ATTAR AGE- 38 YEARS, OCC- HOTEL BUSINESS, R/O-MULLA GALLI, RAIBAG, TAL-RAIBAG, DIST- BELAGAVI-591317.

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…PETITIONERS

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(BY SRI. S B DEYANNAVAR, SRI. N.S.PATTAR & SRI. RAGHAVENDRA A. PUROHIT, ADVOCATES)

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AND:

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SHRI.YAMANAPPA JETTEPPA CHALUVADI AGE-32 YEARS, OCC- NWKRTC DRIVER RAIBAG DEPOT, BATCH NO.21499, R/O- PERMANENT ADRESSNAVADAGI VILLAGE, TAL- MUDDEBIHAL, DIST- VIJAYPUR, (PRESENTLY RESIDING AT- RAIBAG DEPOT).

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THE STATE OF KARNATAKA THROUGH RAIBAG POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH DHARWAD.

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…RESPONDENTS

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(BY SRI. V.S.KALASURMATH, HCGP FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO BY ALLOWING THIS PETITION THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.39 AND 40 BE

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CRL.P No. 101810 of 2019

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QUASHED IN RAIBAG P.S. CR. NO.228/2018, IN CC NO.258/2019, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, RAIBAG FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 427, 353, 308, 109 R/W 149 OF IPC, AND SECTION 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984.

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

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ORDER

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The police after the investigation submitted a charge

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sheet for the offences punishable under Sections 143, 147, 148, 427, 353, 408, 109, 332 & 109 read with Section 149 of the Indian Penal Code, 1860, alleging that the petitioners-accused by forming an unlawful assembly damaged the bus.

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Initiation of the criminal proceedings in respect of the very same incident was challenged before this Court in Crl.P. No.100162/2022. This Court, by order dated 31.10.2022, after hearing the learned counsel for the parties, has observed that the contention of the petitioners that the petitioners have been falsely implicated is a matter which requires to be adjudicated after full-fledged trial and at this stage, the said contention cannot be considered, and dismissed the petition reserving liberty to the petitioners to file an

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CRL.P No. 101810 of 2019

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application for discharge, if so advised. In view of the same, this criminal petition is also dismissed in terms of the order passed in Crl. P. No.100162/2022.

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Sd/JUDGE

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KMS List No.: 1 Sl No.: 3

Shri.Shafiulla Mubarak Golandaj v. Shri.Yamanappa Jetteppa Chaluvadi

Case brief

What is this about?

What did the court decide?

Shri.Shafiulla Mubarak Golandaj v. Shri.Yamanappa Jetteppa Chaluvadi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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