Criminal Petition filed to quash proceedings under Section 482 CrPC regarding offences under Sections 143, 147, 148, 323, 326, 504, 506, 307 IPC read with 149 IPC. Court disposed of petition reserving liberty to move for discharge in the Trial Court.
Petition disposed of reserving liberty to file application for discharge before Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3748 OF 2023
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AGED ABOUT 31 YEARS R/A RENTED HOUSE OF UMMER KRISHT APARTMENT ROAD KUKADI, 6TH BLOCK KRISHNAPURA KATIPALA MANGALORE-575030.
…PETITIONERS
(BY SRI. MUZAFFAR AHMED, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.44/2023 (CRIME NO.128/2021) REGISTERED BY THE SURATHKAL POLICE STATION, NOW PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, MANGALURU FOR THE OFFENCES
NC: 2023:KHC:39352 CRL.P No. 3748 of 2023
PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 326, 504, 506, 307 OF IPC READ WITH SECTIONS 149 OF IPC.
THIS PETITION, COMING ON FOR FRESH MATTER, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice for the respondent No.1 - State.
respondent No.1 is permitted to file memo of appearing within four weeks.
Sd/JUDGE
List No.: 1 Sl No.: 29
BKM
1 issue framed by the court
Whether the entire proceedings in S.C.No.44/2023 should be quashed under Section 482 CrPC on behalf of the petitioners.
2 provisions across 2 enactments
NASIR @ MUNNA S/O MOHAMMED SHARIF AND ORS.
STATE OF KARNATAKA AND MOHAMMED JUNAID S/O MOHAMMED
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
