Dismissed

Manjunath S/O. Sahadevappa Gundappanavar v. the State Karnataka

Karnataka HC6 Aug 2024CRL.P/101438/2024

Case brief

AI extract

What is this about?

Criminal Petitioner sought quashing of FIR and charge sheet under Section 482 Cr.P.C. as his role was not stated in Column 17. Court held that Column 17 mentions his presence and overt acts supported by eyewitnesses, thus dismissing the petition.

What did the court decide?

Petition seeking quashing of FIR, complaint and charge sheet against Acused No.3 is dismissed.

Manjunath S/O. Sahadevappa Gundappanavar Vs the State… — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-D:11129 CRL.P No. 101438 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101438 OF 2024

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BETWEEN:

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MANJUNATH S/O. SAHADEVAPPA GUNDAPPANAVAR, AGE: 32 YEARS, OCC: PRIVATE JOB, R/O: DASAR ONI, BAIREDEVARAKOPPA, TQ: HUBBALLI, DISTRICT: DHARWAD – 580009.

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…PETITIONER

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(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR SRI. RAJA RAGHAVENDRA V.NAIK, ADVOCATE)

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AND:

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THE STATE KARNATAKA, REPRESENTED APMC NAVANAGAR POLICE STATION, ITS REPRESENTED BY ADDITIONAL SSP, HIGH COURT OF KARNATAKA AT DHARWAD,

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DISTRICT: DHARWAD – 580001.

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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SIDDAPPA S/O. FAKKIRAPPA GUNDUR, AGE: 28 YEARS, OCC: FARMER, R/O: AMINABHAVI ONI, BIRIDEVRAKOPPA, HUBBALLI TQ. HUBBALLI, DIST: DHARWAD – 580001.

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…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S. B. DODDAGOUDAR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET FILED AGAINST THE PETITIONER/ACCUSED NO.3 IN S.C.NO. 5053/2023 BEFORE V ADDL. DISTRICT AND SESSIONS JUDGE, HUBBALLI, FOR THE OFFENCES P/U/SEC. 143, 147, 148, 307, 323, 324, 326, 427, 504, 506 R/W 149 OF IPC IN APMC HUBBALLI P.S. CRIME NO.05/2023.

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

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2 - NC: 2024:KHC-D:11129 CRL.P No. 101438 of 2024

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.3 praying to quash FIR, complaint and charge sheet filed in SC No.5053/2023 pending on the file of the V Additional District and Sessions Judge, Hubballi, for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 326, 427, 504, 506, r/w Section

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149 of IPC in APMC, Hubballi Police Station Crime No.5/2023.

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Heard the learned counsel for the petitioner.

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Learned counsel for the petitioner would contend

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that no role of this petitioner/ accused No.3 has been stated in column No.17 of the charge sheet and therefore, proceedings against him are required to be quashed.

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The learned counsel for the petitioner has read the summary of the charge sheet contained in column No.17 of the charge sheet. On reading of column No.17 of the charge sheet, it is stated that the accused No.2 on receiving a call from accused No.1, went to the spot along with accused Nos.3 to 13 and all the accused assaulted the complainant on his shoulder,

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3 - NC: 2024:KHC-D:11129 CRL.P No. 101438 of 2024

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back, forehead and other parts of the body and at that time, accused No.1 has assaulted the complainant with a club on his shoulder and caused severe injuries and threatened him not to file the complaint.

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Considering the said averments, the presence of this petitioner/ accused No.3 on the spot and his overt act has been stated. In the charge sheet, CW.10 and 13 and 17 are cited as eye witnesses. Considering all these aspects, there is no case for quashing. Hence, the above petition is dismissed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT:ANB List No.: 1 Sl No.: 34

Manjunath S/O. Sahadevappa Gundappanavar v. the State Karnataka

Case brief

What is this about?

What did the court decide?

Manjunath S/O. Sahadevappa Gundappanavar v. the State Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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