The High Court of Karnataka disposed of a criminal petition filed under Section 482 Cr.P.C. seeking to set aside the order taking cognizance. The court observed that charges were framed and matter was at the stage of evidence, rendering the petition unentertainable in light of Apex Court judgment.
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.
NC: 2024:KHC:33811 CRL.P No. 1776 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1776 OF 2024
BETWEEN:
MOHAMMED SUHAIL AGED ABOUT 29 YEARS S/O ABDUL HAMEED R/AT FLAT NO.201 H. NO. 12-3-32C(6) BENAKA LAND MARK BRAHMAGIRI, MOODANIDAMBOORU UDUPI DISTRICT, PIN - 576 101.
…PETITIONER
(BY SMT. HALEEMA AMEEN, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. SOWMYA R., HCGP)
THIS CRL.P IS FILED U/S.482 OF THE CR.P.C PRAYING TO SET ASIDE THE ORDER TAKING COGNIZANCE DATED 18.11.2021 IN C.C.NO.2515/2021 (CR.NO.93 OF 2021, UDUPI TOWN POLICE STATION) PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., UDUPI, REGISTERED FOR THE OFFENCE P/U/S 143, 147, 353 R/W 149 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question the proceedings in C.C.No.2515/2021 pending before the Additional Civil Judge and JMFC, Udupi for offences punishable under Sections 143, 147, 353 and 149 of the IPC.
charges have been framed and the matter is set at the stage of evidence.
NC: 2024:KHC:33811 CRL.P No. 1776 of 2024
the Apex Court in the case of Minakshi Bala v. Sudhir Kumar1 .
Accordingly, I.A.No.1 of 2024 stands disposed.
Sd/(M.NAGAPRASANNA) JUDGE
BKP
List No.: 2 Sl No.: 4 CT:SS
Colour shows how this judgement treated each authority
Minakshi Bala v. Sudhir KumarReferred¶27
Mohammed Suhail
The State
The Municipal Commissioner
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
