Dismissed

Umar Abdulgani Sayad v. the State of Karnataka

Karnataka HC6 Nov 2023CRL.P/101921/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal petition filed by the accused under Section 482 CrPC seeking quashing of proceedings. The court held that the complaint attributes participation in the unlawful assembly and abuse to the petitioners, negating any basis for quashing. The petition was dismissed.

What did the court decide?

Criminal petition filed under Section 482 CrPC seeking quashing of entire proceedings in Crime No.93/2023 was dismissed.

Umar Abdulgani Sayad Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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NC: 2023:KHC-D:12942 CRL.P No. 101921 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101921 OF 2023

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BETWEEN:

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UMAR ABDULGANI SAYAD, AGE. 22 YEARS, OCC. NILL, R/O. HARMONIA APARTMENT, SHAHU NAGAR, BELAGAVI-590001.

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NAWAJALI RAFI HANNURI, AGE. 22 YEARS, OCC. NILL, R/O. APOLA MEDICAL UPPER, AZAM NAGAR, BELAGAVI-590001.

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… PETITIONERS

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(BY SRI. A.D. NADAF, ADVOCATE)

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AND:

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THE STATE BY APMC YARD PS, BELAGAVI, R/BY HIGH COURT GOVT. PLEADER, OFFICE AT DHARWAD HIGH COURT, DHARWAD-580011.

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MAYUR MAHADEV KAMMAR, AGE. 21 YEARS, OCC. FACTORY WORKER, OLD VAIBHAVA NAGAR, OLD CHURCH BACK SIDE, BELAGAVI-590001.

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… RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.2 AND 3 IN CRIME NO.0093/2023, PENDING ON THE FILE OF IV JMFC, BELAGAVI, REGISTERED BY THE APMC YARD PS, BELAGAVI, FOR THE ALLEGED OFFENCES P/U/SEC. 143, 147, 148, 323, 324, 307, 504, 506, 427, 149 OF IPC AMONGST

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2 - NC: 2023:KHC-D:12942 CRL.P No. 101921 of 2023

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THE OTHER GROUNDS AT THE TIME OF HEARING AND THE GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by accused Nos.2 and 3 under Section 482 of Code of Criminal Code seeking quashing of the entire proceedings in Crime No.93/2023 pending on the file of JMFC-IV Court, Belagavi registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 and 427 read with Section 149 of Indian Penal Code (hereinafter referred as ‘IPC’ for brevity).

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Heard learned counsel for the petitioners and learned High Court Government Pleader appearing for respondent No.1-State.

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A case came to be registered in APMC Yard Police Station Crime No.93/2023 against these petitioners and other accused for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 and 427

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3 - NC: 2023:KHC-D:12942 CRL.P No. 101921 of 2023

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read with Section 149 of IPC. The petitioners are arrayed as accused Nos.2 and 3 in the FIR. The petitioners have sought quashing of the proceedings registered against them.

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Learned counsel for the petitioners would contend that the averment of the complaint does not indicate any overtact against these petitioners. The allegation of assault is against other accused. The averment of the complaint does not attract any offences against these petitioners. With this, he prayed to allow the petition.

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Per contra , learned HCGP would contend that

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the averments of complaint indicate that these petitioners along with accused No.1 quarreled with the complainant and another and abused them in filthy words and thereafter, accused No.1 secured accused Nos.4 to 6 and all the accused together abused the complainant and another in filthy languages. These averments clearly attract the offences alleged against these petitioners.

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NC: 2023:KHC-D:12942 CRL.P No. 101921 of 2023

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There are no grounds for quashing of the criminal proceedings. With this, he prayed to reject the petition.

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Respondent No.2 has filed the complaint and on

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the basis of which, a case came to be registered in APMC Yard Police Station Crime No.93/2023 against these petitioners and four others for the offences referred supra . The averments of complaint indicate that these petitioners-accused Nos.2 and 3 along with accused No.1 quarreled with complainant Mayur Mahadev Pammar and his two friends namely Kiran Bhajantri and Manjunath Kempa with regard to playing songs in car in a high sound and abused them in filthy languages. The further averments in the complaint indicate that accused No.1 secured accused Nos.4 to 6 and all the accused again abused the complainant and others in filthy words. The said averments in the complaint attract the offences alleged against the petitioners. At this stage on the basis of complaint it can be said that these petitioners are the members of an unlawful assembly and quarreled with

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5 - NC: 2023:KHC-D:12942 CRL.P No. 101921 of 2023

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complainant and abused the complainant and others in filthy languages and other accused assaulted the injured.

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The averments of the complaint at this stage indicate that these petitioners have committed offences under Sections 143, 147, 504 read with Section 149 of IPC. The further investigation will reveal what is the exact offence committed by these petitioners. At this stage, the petitioners have not made out any ground for quashing of the proceedings.

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Hence, the criminal petition is dismissed.

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Sd/JUDGE

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AM CT:BCK List No.: 1 Sl No.: 23

Umar Abdulgani Sayad v. the State of Karnataka

Case brief

What is this about?

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Umar Abdulgani Sayad v. the State of Karnataka

Case brief

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