Dismissed

M/S Gau Gyan Foundation v. State of Karnataka

Karnataka HC7 Jul 2022CRL.P/2869/2017

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 482 Cr.P.C., the petitioner sought to quash a lower court order, direct police action regarding accused persons, and suspend a vehicle registration. The court held that prayers A to D became infructuous due to the disposal of trial proceedings. Consequently, the petition was dismissed, though liberty was reserved for the petitioner to file a comprehensive

What did the court decide?

Prayers A to D dismissed; liberty reserved to file comprehensive petition regarding prayer E concerning seizure guidelines.

M/S Gau Gyan Foundation Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION No.2869 OF 2017

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BETWEEN :

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M/S.GAU GYAN FOUNDATION, [DHYANA FOUNDATION GO RAKSHAK TRUST (R)] NO.302, “A” BLOCK, RANKA DE PARADISE, 153, WHEELER ROAD, FRAZER TOWN, BENGALURU – 560 005. REPRESENTED BY IT’S EXECUTIVE MEMBER, MS. JOSHINE ANTONY, D/O ANTONY GEORGE, AGED ABOUT 35 YEARS. (BY SRI.KIRAN B.S., ADVOCATE)

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...PETITIONER

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AND :

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STATE OF KARNATAKA, STATION HOUSE OFFICER, KUDUR POLICE STATION, MAGADI TALUK, BENGALURU DISTRICT – 562 222. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HON’BLE HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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MUJIBUDDIN, S/O MOHAMMED PASHA, AGED ABOUT 40 YEARS, R/A #20, BASAVANAGUDI ST., HOLENARASIPURA, HASSAN DISTRICT – 573 201.

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TAJUDDIN, S/O MOHAMMED PASHA, AGED ABOUT 43 YEARS, R/O #20, BASAVANAGUDI ST., HOLENARASIPURA, HASSAN DISTRICT – 573 201.

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TRANSPORT DEPARTMENT, GOVT. OF KARNATAKA, I FLOOR, A BLOCK, TTMC BUILDING, SHANTHINAGAR, BENGALURU – 560 027. REPRESENTED BY COMMISSIONER, TRANSPORT & ROAD SAFETY.

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...RESPONDENTS

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(BY SRI.ROHITH B.J., HCGP FOR R1 AND R4; SRI.SOMASHEKARA K.M., ADVOCATE FOR R2 AND R3)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO i) SET ASIDE THE ORDER DATED 02.02.2017 PASSED BY THE PRL. DIST. AND S.J., RAMANAGARA IN CRL.R.P.NO.55/2016 IS ANNEXED AND MARKED AS ANNEXURE – A; ii) ORDER THE RESPONDENT NO.1 POLICE AUTHORITIES TO MAKE RESPONDENT NO.3 NAMELY THE SPA-HOLDER OF RESPONDENT ACCUSED NO.1 ALSO AS ACCUSED TO ENSURE THAT ALL OFFENDERS/SUSPECTS IN THE SAID CR.NO.280/2016 BEFORE THE ADDL. CIVIL JUDGE AND JMFC MAGADI, PROSECUTED. iii) ISSUED DIRECTION DIRECTING RESPONDENT NO.4 TO INITIATE PROCEEDINGS FOR CANCELLATION/SUSPENSION OF THE REGISTRATION OF

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THE SAID ASHOK LEYLAND DOST VEHICLE BEARING REG.NO.KA-13-B-9148 IN ORDER TO ENSURE THAT THE SAID VEHICLE DOES NOT GET USED FOR TRANSPORTING ANIMALS CRUELLY; VEHICLE INVOLVE IN CR.NO.28/2016 BEFORE THE ADDL. CIVIL JUDGE AND JMFC, MAGADI.

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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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Learned counsel for the parties submit that the petition insofar as it relates to prayer-A to D has become infructuous in view of disposal of the proceedings before the Trial Court. He further submits that he would press only prayer-E which reads thus:

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e. pass any order(s) and /or

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guidelines(s) that this Hon'ble Court deems fit, proper and necessary under the facts and circumstances of this case, in particular, and

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with respect to the seizure of

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property/vehicle in repeated offences under the PCA Act, in general."

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Accordingly, writ petition stands dismissed.

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However, liberty is reserved with the petitioner to file a comprehensive petition in accordance with law insofar as it relates to prayer-E is concerned.

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Sd/- JUDGE

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RKA

M/S Gau Gyan Foundation v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Gau Gyan Foundation 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

Parties & counsel

Coram

Case details

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