Allowed

Nawaz Pasha v. the State of Karnataka

Karnataka HC13 Mar 2024CRL.P/5913/2022

Case brief

AI extract

What is this about?

Accused in five FIRs over obstruction of BBMP officials sealing Covid-infected houses during lockdown sought quashing of charge sheets. Holding prosecution barred under Section 195(1)(a)(i) Cr.P.C. for Section 188 IPC offences and Section 60 of the Disaster Management Act for Section 51(B) offences, the High Court quashed all proceedings.

What did the court decide?

Charge sheets and proceedings in C.C.Nos.12477/2020, 13583/2020, 12821/2020, 12397/2020 and 12506/2020 (Crime Nos.70-74/2020) against the petitioners quashed.

Nawaz Pasha Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 13^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE K.NATARAJAN

¶6

CRIMINAL PETITION NO. 5913 OF 2022

¶7

C/W

¶8

CRIMINAL PETITION NOS. 552/2021,

¶9

1008/2021, 5799/2022, 5821/2022,

¶10

5832/2022 AND 5893/2022

¶11

IN CRL.P NO.5913/2022 BETWEEN:

¶12

1 . NAWAZ PASHA S/O SHAIK MUKTIYAR, AGED ABOUT 29 YEARS, NO.37, 10^th CROSS, ARAFATH NAGAR, PADARAYANAPURA , BANGALORE - 560 026.

¶13

2 . MOHAMMED SHARIEFF S/O SABULAL, AGED ABOUT 54 YEARS, NO.18, 10^th CROSS, PADARAYANAPURA , BANGALORE - 560 026.

¶14

3 . IRFAN PASHA S/O SHAIK MUKTIYAR,

¶15

¶16

AGED ABOUT 30 YEARS, NO.38/2, 10^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶17

4 . IRFAN PASHA S/O MOHAMMED PEER, AGED ABOUT 38 YEARS, NO.27, 5^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶18

5 . KHALEEL AHMED S/O NAZEER AHMED, AGED ABOUT 41 YEARS, NO.16, 10^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶19

6 . MOHAMMED SUHAIL S/O SHAIK ZABIULLA, AGED ABOUT 24 YEARS, NO.22, 10th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶20

7 . SALMAN KHAN S/O MOHAMMED KHAN, AGED ABOUT 32 YEARS, NO.36, 11th E CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶21

8 . AJGAR KHAN S/O NAWAB KHAN, AGED ABOUT 37 YEARS,

¶22

¶23

NO.33, 10^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶24

9 . SYED NASRU S/O SYED NAZEER, AGED ABOUT 23 YEARS, NO.46, 10^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶25

10 . TOUSHIF PASHA S/O PATTER PASHA, AGED ABOUT 33 YEARS, NO.12^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶26

11 . KHADEER AHMED S/O KAREEM SHARIEFF, AGED ABOUT 22 YEARS, NO. 10^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶27

12 . AFROZ, S/O PYAARE JAN, AGED ABOUT 27 YEARS 11^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶28

13 . NAYAZ KHAN S/O AMJAD KHAN, AGED ABOUT 35 YEARS NO.46, 10^th CROSS, PADARAYANAPURA,

¶29

¶30

BANGALORE - 560 026.

¶31

14 . SALEEM PASHA S/O ANEES AHMED, AGED ABOUT 49 YEARS NO.27, 5^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶32

15 . NADEEM KHAN

¶33

S/O BABU KHAN, AGED ABOUT 27 YEARS 8^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶34

16 . RIYAZ PASHA

¶35

S/O SYED MUSTAFA, AGED ABOUT 47 YEARS NO.22/17, 11^th A CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶36

17 . MUJAHID PASHA S/O ISMAIL SABIULLA, AGED ABOUT 34 YEARS, NO.40, 8^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶37

18 . YUSUF KHAN S/O HUSSAIN KHAN, AGED ABOUT 47 YEARS, NO.47, 11th MAIN 10^th CROSS, 15 PADARAYANAPURA,

¶38

¶39

BANGALORE - 560 026.

¶40

19 . MOHIN KHAN S/O RIYAZ KHAN, AGED ABOUT 25 YEARS, NO.33, 8^th CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶41

20 . IMRAN KHAN S/O AMIR KHAN, AGED ABOUT 37 YEARS, 5^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶42

21 . ZAHIR KHAN

¶43

S/O AHMED ALI KHAN, AGED ABOUT 37 YEARS, NO. 48, 8^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶44

22 . FAIROZ KHAN

¶45

S/O ANSAR KHAN, AGED ABOUT 26 YEARS, NO. 80, 11th B CORSS, PADARAYANAPURA, BANGALORE - 560 026.

¶46

23 . SYED AKRAM S/O SYED HAFIZ, AGED ABOUT 34 YEARS, NO. 286, 3^rd CROSS, TIPPU NAGAR, CHAMRAJPET,

¶47

¶48

BANGALORE - 560 026.

¶49

24 . NAWAZ PASHA S/O ABDUL HAQ, AGED ABOUT 27 YEARS, NO. 160, 3^rd CROSS, TIPPU NAGAR, 16th CHAMARAJPET, BANGALORE - 560 026.

¶50

25 . SADDAM

¶51

S/O MOHAMMED ZABI, AGED ABOUT 22 YEARS, 8th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶52

26 . IMRAN KHAN

¶53

S/O AMJAD KHAN, AGED ABOUT 29 YEARS, NO. 36, 10^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶54

27 . MOHAMMED MUDASIR S/O ZAMEER AHMED, AGED ABOUT 24 YEARS, NO. 7, 9^th CROSS, GORIPALYA, BANGALORE - 560 026.

¶55

28 . MUBARAK S/O ISMAIL ZABIULLA AGED ABOUT 40 YEARS, 8^th CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶56

¶57

29 . MOHAMMED NADEEM S/O MOHAMMED RAFEEQ AGED ABOUT 27 YEARS, NO.62, 1^st MAIN, 4^th CROSS, VALMIKI NAGAR MYSURU ROAD, BANGALORE - 560 026.

¶58

30 . SHAIK TABREZ PASHA S/O ABUDL AZEER, AGED ABOUT 28 YEARS, NO.43, 11^th D CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶59

31 . LIYAKATH KHAN S/O NOORULLA KHAN, AGED ABOUT 36 YEARS, NO. 5, 10^th CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BANGALORE - 560 026.

¶60

32 . INAYTH ULLA S/O AMEER JAN, AGED ABOUT 52 YEARS, NO. 42 13th A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE - 560 026.

¶61

33 . MAZHAR KHAN S/O ASHAM KHAN AGED ABOUT 52 YEARS, NO.58, 13^th A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA,

¶62

¶63

BANGALORE - 560 026.

¶64

34 . SUHAIL PASHA S/O RIYAZ PASHA AGED ABOUT 24 YEARS, NO.2/4, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE - 560 026

¶65

35 . RASHID KHAN S/O ALLAH BAKASH AGED ABOUT 22 YEARS, NO.53, HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE - 560 026

¶66

36 . SUHAIL PASHA

¶67

S/O RIYAZ PASHA AGED ABOUT 26 YEARS NO 2/4, 13TH A CROSS HOSHALLI MAIN ROAD PADARAYANAPURA BANGALORE - 560 026.

¶68

37 . IRFAANULLA S/O NOORULLA AGED ABOUT 34 YEARS 18, NO.68 11TH E CROSS PADARAYANAPURA BANGALORE - 560 026.

¶69

38 . HAFEEZULLA KHAN AGED ABOUT 36 YEARS S/O LATE NOORULLA KHAN R/AT 5/1, 10TH CROSS PADARAYANAPURA, BANGALORE - 560 026.

¶70

¶71

39 . FAYAZ PASHA AGED ABOUT 42 YEARS S/O MAIDEEN SHARIFF, R/AT NO. 45, 5TH CEROSS, ARAFATH NAGAR, HALLIGUDDAHALLI, PADARAYANAPURA, BANGALORE - 560 026.

¶72

40 . IMRAN PASHA

¶73

AGED ABOUT 30 YEARS, S/O AMJAD, R/AT ARAFATHA MASJID ROAD, 5TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶74

41 . SYED ABRAR

¶75

AGED ABOUT 23 YEARS, S/O SYED SADIQ, R/AT 17, 8TH CORSS, PADARAYANAPURA, BANGALORE - 560 026.

¶76

42 . TAJ PASHA S/O LATE ALABAKHASH, AGED ABOUT 47 YEARS, R/AT 48, 11TH A CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶77

43 . TAJUDDIN S/O LATE NAZMEDDUIN, AGED ABOUT 26 YEARS, R/AT NO.2/3, 16TH A CROSS,

¶78

¶79

HALEGUDDADAHALLI, BANGALORE - 19.

¶80

44 . SADIQ PASHA S/O LATE AFZAL PASHA, AGED ABOUT 23 YEARS, R/AT NO.18, 13TH A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BANGALORE - 560 026.

¶81

45 . NASRULLA KHAN S/O INAYATHULLA, AGED ABOUT 27 YEARS, R/AT 10,11TH B CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶82

46 . SULEMAN KHAN

¶83

S/O ANWAR KHAN AGED ABOUT 37 YEARS, R/AT NO.30, 5TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶84

47 . RIZWAN PASHA S/O MOHAMMED PEER, AGED ABOUT 32 YEARS, R/AT NO.27, 5^TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶85

48 . AFROZ S/O RAFIQ AGED ABOUT 22 YEARS, MASJID ROAD, ARAFATHNAGAR,

¶86

¶87

HALEGUDDAHALLI, MYSORE ROAD, BANGALORE - 560 019.

¶88

49 . MUBARAK PASHA S/O IMTHIYAZ PASHA, AGED ABOUT 29 YEARS, R/AT ARAFATH MASJID ROAD, 6TH CORSS, PADARAYANAPURA, BANGALORE - 560 026.

¶89

50 . NADEEM KHAN S/O LATE ABDUL REHMAN, AGED ABOUT 27 YEARS, 20 R/AT NEAR ARAFATH ROAD, 7TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶90

51 . SALMAN KHAN

¶91

S/O SAFIULLA KHAN, AGED ABOUT 21 YEARS, NO.1, 9TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶92

52 . MOHAMMED ZABI S/O BASHEER AHMED, AGED ABOUT 49 YEARS, NEAR ARAFATH MASJID, ARAFATHNAGAR, 7TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶93

¶94

53 . SUHAIBULLA S/O LATE RIYAZULLA, AGED ABOUT 23 YEARS, 11TH A CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶95

54 . NASEER PASHA S/O ALLABAKASH, AGED ABOUT 38 YEARS, NO 48, 11TH A CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶96

55 . WASEEM AHAMED S/O LATE NAZEER AHMED, AGED ABOUT 37 YEARS, NO.9, 10TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶97

56 . NADEEM KHAN

¶98

S/O HASEENULLA KHAN, AGEDABOUT 24 YEARS, NO 99, 8TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶99

57 . AMJAD PASHA

¶100

S/O BABU, AGED ABOUT 40 YEARS, 6TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶101

58 . MOHAMMED FAROOQ S/O MOHAMMED ISAAQ

¶102

¶103

AGED ABOUT 36 YEARS R/AT 5TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶104

59 . SYED SADIQ S/O SHED KHALEEL AGED ABOUT 27 YEARS, R/AT 5^TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶105

60 . MUBARAK PASHA S/O ANWAR PASHA, AGED ABOUT 38 YEARS, R/AT NO.19, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶106

61 . SYED ISMAIL ZABIULLA S/O SYED SARDAR, AGED ABOUT 28 YEARS, NO.33, 10TH CROSS, ARAFATH NAGAR, BANGALORE - 560 026.

¶107

62 . SYED SADIQ S/O SYED SARDAR AGED ABOUT 24 YEARS, NO.33, 10TH CROSS, ARAFATH ANGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶108

¶109

63 . MAHBOOB PASHA S/O SHAIKH AHMED, AGED ABOUT 40 YEARS, 4TH CROSS, HALEGUDDADAHALLI, BANGALORE - 560 026.

¶110

64 . NASRULLA S/O IBRAHAIM AGED ABOUT 40 YEARS, NO.38, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶111

65 . SUBHAN KHAN

¶112

S/O ANWAR KHAN AGED ABOUT 41 YEARS, NO.20, 7^TH MAIN, 5TH CROSS, ARAFATH NGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶113

66 . SAFIULLA KHAN S/O NABI KHAN AGED ABOUT 41 YEARS, R/AT NO.1, 9^TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶114

67 . PARVEEZ S/O MANSOOR AGED ABOUT 21 YEARS, NO.17, 11^TH CROSS, ARAFATH NGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶115

...PETITIONERS

¶116

¶117

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶118

AND:

¶119

1 . THE STATE OF KARNATAKA BY. J.J NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶120

2 . DADA PEER POLICE OFFICER, AGED ABOUT 37 YEARS, J.J. NAGAR POLICE STATION, BENGLAURU - 560 018.

¶121

…RESPONDENTS

¶122

(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP)

¶123

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.73/2020 C.C.NO.12397/2020 OF JAGAJEEVANARAM NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 506, 353, 332, 269, 271, 188 R/W SEC.149 OF IPC AND SEC.3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SEC.51(B) OF NATIONAL DISASTER MANAGEMENT ACT PENDING ON THE FILE OF HONBLE COURT OF 37TH ACMM AT BENGALURU.

¶124

¶125

IN CRL.P NO.552/2021 BETWEEN:

¶126

IRFAN AHAMAD Z @ KFD IRFAN S/O ZIKRIAH AHAMAD, AGED ABOUT 31 YEARS, R/O 88/2, 3^RD CROSS, WEST OF PADARAYANAPURA , BANGALORE - 560 026.

¶127

...PETITIONER

¶128

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶129

AND:

¶130

1 . STATE BY JJ NAGAR P.S REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001.

¶131

2 . DADA PEER H C 9700 AGED ABOUT 35 YEARS, J.J. NAGAR POLICE STATION, BANGALORE - 560 018.

¶132

…RESPONDENTS

¶133

(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP FOR R1; R2 SERVED)

¶134

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.73/2020 C.C.NO.12397/2020 FOR JAGAJEEVANARAM NAGAR P.S., FOR THE OFFENCE P/U/S.143, 506, 148, 147, 353, 271, 269, 188, 332 R/W SEC.149 OF IPC AND SECTION 3 AND 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 AND SECTION 51(B) OF N.D.M. ACT BY THE RESPONDENT

¶135

¶136

POLICE, i.e., J.J.NAGAR POLICE STATION, PENDING ON THE FILE OF XXXVII ADDL.C.M.M., BENGALURU.

¶137

IN CRL.P NO.1008/2021 BETWEEN:

¶138

IRFAN AHAMAD Z @ KFD IRFAN S/O ZIKRIAH AHAMAD, AGED ABOUT 32 YEARS, R/O 88/2, 36^RD CROSS, WEST OF PADARAYANAPURA, BEHIND SUJATHA TENT, BANGALORE - 560 026.

¶139

...PETITIONER

¶140

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶141

AND:

¶142

1 . STATE BY JJ NAGAR POLICE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001.

¶143

2 . RAMAN GOWDA, PSI, AGED ABOUT 33 YEARS, J.J. NAGAR POLICE STATION, BANGALORE - 560 026.

¶144

…RESPONDENTS

¶145

(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP)

¶146

¶147

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.71/2020 CHARGE SHEET NOT YET FILED FOR ALLEGED OFFENCES P/U/S.506, 147, 148, 149, 324, 332, 307, 269, 323, 201, 271, 353 OF IPC AND U/S.3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 BY THE RESPONDENT POLICE I.E.JJ NAGAR POLICE STATION, PENDING ON THE FILE OF XXXVII ACMM AT BENGALURU.

¶148

IN CRL.P No. 5799/2022:

¶149

BETWEEN:

¶150

1 . BABU S/O BASHEER, AGED ABOUT 60 YEARS, NO.58/3, 10^TH CROSS, ARAFATH NAGAR, PADARAYANAPURA,

¶151

BANGALORE - 560 026.

¶152

2 . IMRAN

¶153

S/O ZAINAB PASHA, AGED ABOUT 34 YEARS, NO.59/3,10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA,

¶154

BANGALORE - 560 026.

¶155

3 . IMRAN BAIG S/O SALEEM BAIG, AGED ABOUT 31 YEARS, NO.26, 9TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶156

¶157

4 . MOHAMMED USMAN KHAN S/O MOHAMMED ANWAR KHAN, AGED ABOUT 38 YEARS, NO.20, 5TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶158

5 . ARIF S/O SYED BASHIR, AGED ABOUT 40 YEARS, 6TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶159

6 . IMTIYAZ KHAN S/O HUSSAIN KHAN, AGED ABOUT 50 YEARS, NO.32, 11TH MAIN, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶160

7 . WASIM KHAN S/O ASHWAK KHAN, AGED ABOUT 22 YEARS, NO.11 CROSS, NEAR ABUBAKAR MASJID, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶161

8 . SYED SAMIULLA S/O SYED ABDULLA, AGED ABOUT 40 YEARS, NO.4, NEW NO.10, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶162

¶163

9 . SADIQULLA SHARIEFF S/O SAMIULLA SHARIEFF, AGED ABOUT 31 YEARS, NO.53, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶164

10 . NAWAZ PASHA

¶165

S/O SHAIK MUKTIYAR, AGED ABOUT 29 YEARS, NO.37, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶166

11 . MOHAMMED SHARIEFF S/O SABULAL, AGED ABOUT 54 YEARS, NO.18, 10TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶167

12 . IRFAN PASHA S/O SHAIK MUKTIYAR, AGED ABOUT 40 YEARS, NO.38/2, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶168

13 . IRFAN PASHA

¶169

S/O MOHAMMED PEER, AGED ABOUT 38 YEARS, NO.27, 5TH CROSS, PADARAYANAPURA, BANGALORE - 560 026.

¶170

¶171

14 . KHALEEL AHMED S/O NAZEER AHMED, AGED ABOUT 41 YEARS, NO.16, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶172

15 . MOHAMMED SUHAIL S/O SHAIK ZABIULLA, AGED ABOUT 24 YEARS, NO.22,10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026.

¶173

16 . SALMAN KHAN S/O MOHAMMED KHAN, AGED ABOUT 32 YEARS, NO.36, 11TH E CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE-560 026.

¶174

17 . ASGAR KHAN S/O NAWAB KHAN, AGED ABOUT 37 YEARS, NO.33,10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE-560026.

¶175

18 . SYED NASRU S/O SYED NAZEER, AGED ABOUT 23 YEARS, NO.46, 10TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶176

¶177

19 . TOUSHIF PASHA S/O PATTEDARI PASHA AGED ABOUT 33 YEARS, NO.12TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶178

20 . KHADEER AHMED S/O KAREEM SHARIEFF AGED ABOUT 22 YEARS, NO.10TH CROSS PADARAYANAPURA BANGALORE-560026.

¶179

21 . AFROZ

¶180

S/O PYAARE JAN AGED ABOUT 27 YEARS, 11TH CROSS, 14 PADARAYANAPURA BANGALORE-560026.

¶181

22 . NAYAZ KHAN S/O AMJAD KHAN AGED ABOUT 35 YEARS, NO.46 10TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶182

23 . SALEEM PASHA S/O ANEES AHMED AGED ABOUT 49 YEARS, NO.27, 5TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶183

¶184

24 . NADEEM KHAN S/O BABU KHAN AGED ABOUT 27 YEARS, 8TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶185

25 . RIYAZ PASHA S/O SYED MUSTAFA AGED 45 YEARS, NO.22/17, 11TH A CROSS, PADARAYANAPURA BANGALORE-560026.

¶186

26 . MUJAHID PASHA S/O ISMAIL SABIULLA AGED 34 YEARS, NO.40, 8TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE -560 026.

¶187

27 . YUSUF KHAN

¶188

S/O HUSSAIN KHAN AGED ABOUT 45 YEARS, NO.47, 11TH MAIN, 10TH CROSS, 15 PADARAYANAPURA BANGALORE-560026.

¶189

28 . MOHIN KHAN S/O RIYAZ KHAN AGED ABOUT 25 YEARS, NO.33, 8TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶190

¶191

29 . IMRAN KHAN S/O AMIR KHAN AGED 37 YEARS, 5TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶192

30 . ZAHIR KHAN S/O AHMED ALI KHAN AGED ABOUT 31 YEARS, NO.48, 8TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶193

31 . FAIROZ KHAN

¶194

S/O ANSAR KHAN AGED ABOUT 26 YEARS, NO.80, 11TH B CROSS, PADARAYANAPURA BANGALORE-560026.

¶195

32 . SYED AKRAM S/O SYED HAFIZ AGED ABOUT 34 YEARS, NO.286, 3RD CROSS, TIPPU NAGAR, CHAMARAJPET BANGALORE-50026.

¶196

33 . NAWAZ PASHA S/O ABDUL HAQ AGED ABOUT 27 YEARS, NO.160, 3RD CROSS, TIPPU NAGAR, 16 CHAMARAJPET, BANGALORE-560026.

¶197

¶198

34 . SADDAM

¶199

S/O MOHAMMED ZABI AGED ABOUT 22 YEARS, 8TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶200

35 . IMRAN KHAN S/O AMJAD KHAN AGED 27 YEARS, NO.36, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶201

36 . MOHAMMED MUDASIR S/O ZAMEER AHMED AGED ABOUT 24 YEARS, NO.7, 9TH CROSS, GORIPALYA BANGALORE-560026.

¶202

37 . MUBARAK S/O ISMAIL ZABIULLA, AGED ABOUT 40 YEARS, 8TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶203

38 . MOHAMMED NADEEM S/O MOHAMMED RAFEEQ AGED ABOUT 27 YEARS, NO.62, 1ST MAIN, 4TH CROSS VALMIKI NAGAR, MYSORE ROAD, BANGALORE-560026.

¶204

¶205

39 . SHAIK TABREZ PASHA S/O ABDUL AZEER AGED ABOUT 28 YEARS, NO.43, 11TH D CROSS, PADARAYANAPURA BANGALORE-560026.

¶206

40 . LIYAKATH KHAN S/O NOORULLA KHAN AGED ABOUT 36 YEARS, NO.5, 10TH CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶207

41 . INAYATH ULLA S/O AMEER JAN AGED ABOUT 52 YEARS, NO.42, 13TH A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶208

42 . MAZHAR KHAN

¶209

S/O ASHAM KHAN AGED ABOUT 52 YEARS, NO.58, 13TH A CROSS HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶210

43 . SUHAIL PASHA S/O RIYAZ PASHA, AGED ABOUT 24 YEARS, NO.2/4, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶211

¶212

44 . RASHID KHAN S/O ALLAH BAKASH AGED ABOUT 22 YEARS, NO.53, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶213

45 . SUHAIL PASHA S/O RIYAZ PASHA AGED ABOUT 26 YEARS, NO.2/4, 13TH A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶214

46 . IRFANULLA S/O NOORULLA AGED ABOUT 34 YEARS, 18, NO.68, 11TH E CROSS, PADARAYANAPURA BANGALORE-560026.

¶215

47 . HAFEEZULLA KHAN AGED ABOUT 36 YEARS, S/O LATE NOORULLA KHAN R/AT NO.5/1, 10TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶216

48 . FAYAZ PASHA AGED ABOUT 4 YEARS, S/O MAIDEEN SHARIEF R/AT NO.45, 5TH CROSS, ARAFATH NAGAR, HALIGUDDAHALLI, PADARAYANAPURA BANGALORE-560026.

¶217

¶218

49 . IMARAN PASHA AGED ABOUT 30 YEARS, S/O AMJAD R/AT ARAFATH MASJID ROAD, 5TH CROSS, PADARAYANAPURA, BANGALORE-560026.

¶219

50 . SYED ABRAR AGED ABOUT 22 YEARS, S/O SYED SADIQ R/AT NO.17, 8TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶220

51 . TAJ PASHA

¶221

S/O LATE ALABAKHASH AGED ABOUT 47 YEARS, R/AT NO.48, 11TH A CROSS, PADARAYANAPURA BANGALORE-560026.

¶222

52 . TAJUDDIN S/O LATE NAZEMUDDIN AGED ABOUT 26 YEARS, R/AT NO.2/3, 16TH A CROS, HALEGUDDADAHALLI, BANGALORE-19.

¶223

53 . SADIQ PASHA S/O LATE AFZAL PASHA AGED ABOUT 23 YEARS, R/AT NO.18, 13TH A CROSS, HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE-560026.

¶224

¶225

54 . NASRULLA KHAN S/O INNAYATHULLA AGED ABOUT 27 YEARS, R/AT NO.10, 11TH B CROSS, PADARAYANAPURA BANGALORE-560026.

¶226

55 . SULEMAN KHAN S/O LATE ANWAR KHAN AGED ABOUT 37 YEARS, R/AT NO.30 5TH CROSS PADARAYANAPURA BANGALORE-560026.

¶227

56 . RIZWAN PASHA S/O MOHAMMED PEER AGED ABOUT 32 YEARS, R/AT NO.27 5TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶228

57 . AFROZ

¶229

S/O RAFIQ AGED ABOUT 21 YEARS, R/AT ABUBAKAR MASJID ROAD,ARAFATHNAGAR, HALEGUDDAHALLI, MYSORE ROAD, BANGALORE-500019.

¶230

58 . MUBARAK PASHA

¶231

S/O IMTHIYAZ PASHA AGED ABOUT 29 YEARS, R/AT ARAFATH MASJID ROAD, 6TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶232

¶233

59 . NADEEM KHAN

¶234

S/O LATE ABDUL REHMAN AGED ABOUT 27 YEARS, 20 R/AT NEAR ARAFATH MASJID 7TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶235

60 . SALMAN KHAN S/O SAIFULLA KHAN AGED ABOUT 21 YEARS, NO.1, 9TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶236

61 . MOHAMMED ZABI

¶237

S/O BASHEER AHMED AGED ABOUT 49 YEARS, NEAR ARAFATH MASJID ARAFATHNAGAR, 7TH CROSS, PADARAYANAPURA BANGALORE-560026.

¶238

62 . SUHAIBULLA S/O LATE RIYAZULLA AGED ABOUT 21 YEARS, 11TH A CROSS, PADARAYANAPURA BANGALORE-560026.

¶239

63 . NASEER PASHA S/O ALLABAKASH AGED ABOUT 38 YEARS, NO.48, 11TH A CROSS PADARAYANAPURA BANGALORE-560026.

¶240

¶241

64 . WASEEM AHMED S/O LATE NAZEER AHMED AGED ABOUT 37 YEARS, NO.9, 10TH CROSS PADARAYANAPURA BANGALORE-560026.

¶242

65 . NADEEM KHAN S/O HASEENULLA KHAN AGED ABOUT 24 YEARS, NO.99, 8TH CROSS PADARAYANAPURA BANGALORE-560026.

¶243

66 . AMJAD PASHA S/O BABU AGED ABOUT 40 YEARS, 6^TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶244

67 . MOHAMMED FAROOQ S/O MOHAMMED ISAAQ AGED ABOUT 36 YEARS, R/AT 5TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶245

68 . SYED SADIQ S/O SHED KHALEEL AGED ABOUT 27 YEARS, R/AT 5TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶246

¶247

69 . MUBARAK PASHA S/O ANWAR PASHA AGED ABOUT 40 YEARS, R/AT NO.19, 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶248

70 . SYED ISMAIL ZABIULLA S/O SYED SARDAR AGED ABOUT 30 YEARS, NO33, 10TH CROSS, ARAFATH NAGAR, BANGALORE-560026.

¶249

71 . SYED SADIQ S/O SYED SARDAR AGED ABOUT 26 YEARS, NO.33, 10TH CROSS, ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶250

72 . MAHBOOB PASHA S/O SHAIKH AHMED AGED ABOUT 42 YEARS, 4TH CROSS, HALEGUDDADAHALLI BANGALORE-560026.

¶251

73 . NASRULLA S/O IBRAHIM AGED ABOUT 42 YEARS, NO.38, 10TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶252

¶253

74 . SUBHAN KHAN S/O ANWAR KHAN AGED ABOUT 43 YEARS, NO.20, 7TH MAIN, 5TH CROSS ARAFATH NAGAR, PADARAYANAPURA BANGALORE-560026.

¶254

75 . SAIFULLA KHAN S/O NABI KHAN AGED ABOUT 43 YEARS, R/AT NO.1, 9TH CROSS, PADARAYANAPURA, BANGALORE - 560 026. 76 . PARVEEZ S/O MANSOOR, AGED ABOUT 23 YEARS, NO.17, 11TH CROSS, ARAFATH NAGAR, PADARAYANAPURA, BANGALORE - 560 026. ...PETITIONERS (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND:

¶255

1 . THE STATE OF KARNATAKA BY J J NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE-560001.

¶256

2 . GAJENDRA HC 5390 AGED ABOUT 46 YEARS

¶257

¶258

J.J.NAGAR POLICE STATION BANGALORE-560026.

¶259

…RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP)

¶260

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.72/2020 C.C.NO.12821/2020 OF JAGAJEEVANRAM NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 353, 332, 506, 269, 271, 188 R/W SEC.149 OF IPC AND SEC.3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT SEC.51(B) OF NDM ACT PENDING ON THE FILE OF THE HONBLE COURT OF 37^TH ACMM AT BENGALURU.

¶261

IN CRL.P No. 5821/2022:

¶262

BETWEEN:

¶263

1 . AMEER AMJAD S/O MUSTAK AGED ABOUT 25 YEARS 7TH CROSS PADARAYANAPURA BANGALORE-560026.

¶264

2 . AKBAR KHAN S/O VAZEER KHAN AGED ABOUT 35 YEARS 7TH CROSS, ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶265

3 . SIDDIK PASHA S/O AKRAM PASHA AGED ABOUT 20 YEARS C/O SHATAJA HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST

¶266

¶267

BANGALORE-560026.

¶268

4 . AKRAM PASHA S/O HASSAN FAYAZ AGED ABOUT 49 YEARS C/O SHATAJA HOUSE 2ND MAIN ARAFATH NAGAR 3 PADARAYANAPURA WEST BANGALORE-560026.

¶269

5 . SAIF PASHA S/O AKRAM PASHA AGED ABOUT 26 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶270

6 . HASSAN FAYAZ S/O AKRAM PASHA AGED ABOUT 24 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶271

7 . IMRAN PASHA S/O SIRAJ PASHA AGED ABOUT 34 YEARS C/O SHATAJA HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶272

8 . JABIULLA S/O SYED IBRAHIM AGED ABOUT 45 YEARS NO.27 10TH CROSS

¶273

¶274

ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶275

9 . MOHAMMED AFSAN S/O NIZAMUDDIN AGED ABOUT 22 YEARS NO.33 9TH CROSS ARAFATH NAGAR 4 PADARAYANAPURA WEST BANGALORE-560026.

¶276

10 . NAYAZULLA S/O JABIULLA AGED ABOUT 50 YEARS NO.36 9TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶277

11 . FIROZ S/O VAZEER AHMED AGED ABOUT 30 YEARS NEAR ABUBAKAR MASJID PADARAYANAPURA BANGALORE-560026.

¶278

12 . HUSSAIN S/O IMAM SAAB AGED 52 YEARS NEAR MADINA HOTEL OLD GUDDADAHALLI BANGALORE-560026.

¶279

13 . IRFAN S/O NAYAZ ULLA AGED ABOUT 23 YEARS

¶280

¶281

NO.16 11TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶282

14 . JAFAR KHAN S/O ZAFRULLA KHAN AGED ABOUT 19 YEARS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶283

15 . SYED NAYEEM S/O SYED BABA AGED ABOUT 21 YEARS 5, 13TH A CROSS GORIPALYA PADARAYANAPURA BANGALORE-560026.

¶284

16 . FIROZ

¶285

S/O ABDUL RAVOOF AGED ABOUT 39 YEARS 11TH CROSS,COTTONPET NEAR DARGHA BANGALORE-560026.

¶286

17 . AKRAM

¶287

S/O CHAND PASHA AGED ABOUT 31 YEARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶288

18 . SHAIK PARVEEZ S/O SHAIK PEER

¶289

¶290

AGED ABOUT 26 YEARS 11TH E CROSS, OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶291

19 . RIZWAN PASHA S/O CHAND PASHA AGED ABOUT 20 YEARS 11TH CROSS, OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶292

20 . ANWAR PASHA S/O MAHABOOB AGED ABOUT 28 YEARS 8TH CROSS GORIPALYA PADARAYANAPURA BANGALORE-560026.

¶293

21 . RAHIL PASHA S/O ARIF PASHA AGED ABOUT 31 YEARS NO.4 11TH CROSS 6 BALA SHETTY BOUNDARY PADARAYANAPURA BANGALORE-560026.

¶294

22 . INAYATH S/O MUSTAFA AGED ABOUT 26 YEARS NEAR SUJATHA TALKIES OLD GUDDADAHALLI BANGALORE-560026.

¶295

23 . MUJAHID PASHA S/O ARIF PASHA

¶296

¶297

AGED ABOUT 35 YEARS NO.5/1 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶298

24 . NAFEEZ S/O MUNAWAR AGED ABOUT 29 YEARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶299

25 . SANAULLA S/O ABBAS AGED ABOUT 39 YEARS 11TH CROSS, HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE-560026.

¶300

26 . AFROZ PASHA S/O NOORULLA SAB AGED ABOUT 24 YEARS 11TH CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE-560026.

¶301

27 . SADIQ S/O MOHAMMED KHAN AGED ABOUT 27 YEARS NO.32 9TH MAIN PADARAYANAPURA BANGALORE-560026.

¶302

28 . SYED SHOIB S/O SYED SHABBIR

¶303

¶304

AGED ABOUT 21 YEARS NO.4/1 7TH CROSS VINAYAKA NAGAR GUDDADAHALLI BANGALORE-560026.

¶305

29 . SANAULLA S/O SAMIULLA AGED ABOUT 36 YEARS NO.1/1 7TH CROSS VINAYAKA NAGAR BANGALORE-560026.

¶306

30 . HABIB PASHA @ ABIB PASHA S/O AMANULLA AGED ABOUT 25 YEARS NO.27, 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶307

31 . IMRAN S/O AMANULLA AGED ABOUT 34 YEARS 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶308

32 . JAFAR SADIQ S/O SHAIK NASIR AGED ABOUT 20 YEARS NO.2 7TH B CROSS OLD GUDDDAHALLI BANGALORE-560026.

¶309

33 . HAFIZ KHAN S/O ABDUL SATTAR KHAN AGED ABOUT 36 YEARS NO.28 11TH CROSS

¶310

¶311

PADARAYANAPURA BANGALORE-560026.

¶312

34 . MUNNA SHAIK S/O MUJA SHAIK AGED ABOUT 28 YEARS NO.1/1 7TH CROSS VINAYAKA NAGAR BANGALORE-560026.

¶313

35 . MOHSIN KHAN S/O AMANULLA AGED ABOUT 28 YEARS NO.14/2 11TH E CROSS OLD GUDDADHALLI BANGALORE-560026.

¶314

36 . JAVID

¶315

S/O SHAIK SAHAUDDIN AGED ABOUT 38 YEARS NO.2 7TH B CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶316

37 . SYED @ SYED FAZLU S/O SYED PASHA AGED ABOUT 33 YEARS NO.43 11TH E CROSS PADARAYANAPURA BANGALORE-560026.

¶317

38 . AKRAM KHAN S/O AMANULLA AGED ABOUT 34 YEARS NO.8/3 11TH E CROSS PADARAYANAPURA BANGALORE-560026.

¶318

¶319

39 . AJAZ

¶320

S/O ZIAULLA AGED ABOUT 29 YEARS NO.5 ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶321

40 . SYED BABA

¶322

S/O SYED AMEER AGED ABOUT 50 YEARS C/O ILLYAZ HOUSE 7TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶323

41 . MANSOOR PASHA

¶324

S/O AMEER PASHA AGED ABOUT 22 YEARS NO.26 11TH B CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶325

42 . IRFAN

¶326

S/O NAYAZULLA AGED ABOUT 19 YEARS NO.16 11TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶327

43 . SYED SHABBIR S/O SYED AZEEZ AGED ABOUT 49 YEARS NO.4/1 7TH CROSS 10 VINAYAKA NAGAR OLD GUDDADAHALLI BANGALORE-560026.

¶328

¶329

44 . MOHAMMED SHABAZ S/O UBAID UR RAHMAN AGED ABOUT 30 YEARS NO.34, 9TH CROSS PADARAYANAPURA BANGALORE-560026.

¶330

45 . MOHAMMED YASIN

¶331

S/O MOHAMMED KHASIM AGED ABOUT 22 YEARS NO.35 5TH CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶332

46 . BABU

¶333

S/O BASHEER AGED ABOUT 58 YEARS NO.58/3 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶334

47 . IMRAN

¶335

S/O ZAINAB PASHA AGED ABOUT 32 YEARS NO.59/3, 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶336

48 . IMRAN BAIG S/O SALEEM BAIG AGED ABOUT 29 YEARS NO.26 9TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶337

¶338

49 . MOHAMMED USMAN KHAN S/O MOHAMMED ANWAR KHAN AGED ABOUT 36 YEARS NO.20 5TH CROSS PADARAYANAPURA BANGALORE-560026.

¶339

50 . ARIF S/O SYED BASHIR AGED ABOUT 38 YEARS 6TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶340

51 . IMTIYAZ KHAN

¶341

S/O HUSSAIN KHAN AGED ABOUT 48 YEARS NO.32 11TH MAIN 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶342

52 . WASIM KHAN

¶343

S/O ASHWAK KHAN AGED ABOUT 20 YEARS NO.11 CROSS NEAR ABUBAKAR MASJID ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶344

53 . SYED SAMIULLA S/O SYED ABDULLA AGED ABOUT 38 YEARS NO.4 NEW NO.10 10TH CROSS ARAFATH NAGAR

¶345

¶346

PADARAYANAPURA BANGALORE-560026.

¶347

54 . SADIQULLA SHARIEFF S/O SAMIULLA SHARIEFF AGED ABOUT 29 YEARS NO.53 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026. 55 . PARVEEZ S/O MANSOOR AGED ABOUT 21 YEARS NO.17 11TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026. ...PETITIONERS

¶348

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶349

AND:

¶350

1 . THE STATE OF KARNATAKA BY J. J. NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560001.

¶351

2 . YOGESH M C AGED ABOUT 47 YEARS OCCUPATION DOCTOR CHAMARAJAPETE BANGALORE-560018.

¶352

…RESPONDENTS

¶353

¶354

(BY SRI. B.N. JAGADEESH, ADDL. SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP FOR R1)

¶355

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.74/2020 C.C.NO.12506/2020 OF JAGAJEEVANRAM NAGAR P.S., FOR THE OFFENCE P/U/S 143, 147, 148, 353, 332, 269, 271 R/W 149 OF IPC AND SEC.3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SEC.51(B) OF NDM ACT PENDING ON THE FILE OF THE 37th ACMM, BANGALORE.

¶356

IN CRL.P No. 5832/2022: BETWEEN:

¶357

1 . AMEER AMJAD S/O MUSTAK AGED ABOUT 27 YEARS 7TH CROSS PADARAYANAPURA BANGALORE-560026.

¶358

2 . AKBAR KHAN S/O VAZEER KHAN AGED ABOUT 37 YEARS 7TH CROSS, ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶359

3 . SIDDIK PASHA S/O AKRAM PASHA AGED ABOUT 22 YEARS C/O SHATAJA HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶360

¶361

4 . AKRAM PASHA S/O HASSAN FAYAZ AGED ABOUT 52 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶362

5 . SAIF PASHA S/O AKRAM PASHA AGED ABOUT 28 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶363

6 . HASSAN FAYAZ S/O AKRAM PASHA AGED ABOUT 26 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶364

7 . IMRAN PASHA S/O SIRAJ PASHA AGED ABOUT 36 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶365

8 . JABIULLA S/O SYED IBRAHIM AGED ABOUT 47 YEARS NO.27 10TH CROSS ARAFATH NAGAR

¶366

¶367

PADARAYANAPURA WEST BANGALORE-560026.

¶368

9 . MOHAMMED AFSAN S/O NIZAMUDDIN AGED ABOUT 24 YEARS NO.33 9TH CROSS ARAFATH NAGAR 4 PADARAYANAPURA WEST BANGALORE-560026.

¶369

10 . NAYAZULLA S/O JABIULLA AGED ABOUT 52 YEARS NO.36 9TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶370

11 . FIROZ

¶371

S/O VAZEER AHMED AGED ABOUT 32 YEARS NEAR ABUBAKAR MASJID PADARAYANAPURA BANGALORE-560026.

¶372

12 . HUSSAIN S/O IMAM SAAB AGED 54 YEARS NEAR MADINA HOTEL OLD GUDDADAHALLI BANGALORE-560026.

¶373

13 . IRFAN

¶374

S/O NAYAZ ULLA AGED ABOUT 25 YEARS NO.16 11TH CROSS ARAFATH NAGAR

¶375

¶376

PADARAYANAPURA WEST BANGALORE-560026.

¶377

14 . JAFAR KHAN S/O ZAFRULLA KHAN AGED ABOUT 22 YEARS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026.

¶378

15 . SYED NAYEEM S/O SYED BABA AGED ABOUT 23 YEARS 5, 13TH A CROSS GORIPALYA PADARAYANAPURA BANGALORE-560026.

¶379

16 . FIROZ S/O ABDUL RAVOOF AGED ABOUT 41 YEARS 11TH CROSS,COTTONPET NEAR DARGHA BANGALORE-560026.

¶380

17 . AKRAM S/O CHAND PASHA AGED ABOUT 33 YEARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶381

18 . SHAIK PARVEEZ S/O SHAIK PEER AGED ABOUT 28 YEARS 11TH E CROSS, OLD GUDDADAHALLI

¶382

¶383

PADARAYANAPURA BANGALORE-560026.

¶384

19 . RIZWAN PASHA S/O CHAND PASHA AGED ABOUT 22 YEARS 11TH CROSS, OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶385

20 . ANWAR PASHA S/O MAHABOOB AGED ABOUT 30 YEARS 8TH CROSS GORIPALYA PADARAYANAPURA BANGALORE-560026.

¶386

21 . RAHIL PASHA

¶387

S/O ARIF PASHA AGED ABOUT 33 YEARS NO.4 11TH CROSS BALA SHETTY BOUNDARY PADARAYANAPURA BANGALORE-560026.

¶388

22 . INAYATH S/O MUSTAFA AGED ABOUT 28 YEARS NEAR SUJATHA TALKIES OLD GUDDADAHALLI BANGALORE-560026.

¶389

23 . MUJAHID PASHA S/O ARIF PASHA AGED ABOUT 37 YEARS NO.5/1 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶390

¶391

24 . NAFEEZ S/O MUNAWAR AGED ABOUT 32 YEARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE-560026.

¶392

25 . SANAULLA S/O ABBAS AGED ABOUT 42 YEARS 11TH CROSS, HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE-560026.

¶393

26 . AFROZ PASHA

¶394

S/O NOORULLA SAB AGED ABOUT 26 YEARS 11TH CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE-560026.

¶395

27 . SADIQ S/O MOHAMMED KHAN AGED ABOUT 29 YEARS NO.32 9TH MAIN PADARAYANAPURA BANGALORE-560026.

¶396

28 . SYED SHOIB S/O SYED SHABBIR AGED ABOUT 23 YEARS NO.4/1 7TH CROSS VINAYAKA NAGAR GUDDADAHALLI BANGALORE-560026.

¶397

¶398

29 . SANAULLA S/O SAMIULLA AGED ABOUT 36 YEARS NO.1/1 7TH CROSS VINAYAKA NAGAR BANGALORE-560026.

¶399

30 . HABIB PASHA @ ABIB PASHA S/O AMANULLA AGED ABOUT 27 YEARS NO.27, 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶400

31 . IMRAN S/O AMANULLA AGED ABOUT 36 YEARS 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶401

32 . JAFAR SADIQ S/O SHAIK NASIR AGED ABOUT 22 YEARS NO.2 7TH B CROSS OLD GUDDDAHALLI BANGALORE-560026.

¶402

33 . HAFIZ KHAN S/O ABDUL SATTAR KHAN AGED ABOUT 38 YEARS NO.28 11TH CROSS PADARAYANAPURA BANGALORE-560026.

¶403

¶404

34 . MUNNA SHAIK S/O MUJA SHAIK AGED ABOUT 30 YEARS NO.1/1 7TH CROSS VINAYAKA NAGAR BANGALORE-560026.

¶405

35 . MOHSIN KHAN S/O AMANULLA AGED ABOUT 30 YEARS NO.14/2 11TH E CROSS OLD GUDDADHALLI BANGALORE-560026.

¶406

36 . JAVID

¶407

S/O SHAIK SAHAUDDIN AGED ABOUT 40 YEARS NO.2 7TH B CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶408

37 . SYED @ SYED FAZLU S/O SYED PASHA AGED ABOUT 35 YEARS NO.43 11TH E CROSS PADARAYANAPURA BANGALORE-560026.

¶409

38 . AKRAM KHAN S/O AMANULLA AGED ABOUT 36 YEARS NO.8/3 11TH E CROSS PADARAYANAPURA BANGALORE-560026.

¶410

¶411

39 . AJAZ

¶412

S/O ZIAULLA AGED ABOUT 32 YEARS NO.5 ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶413

40 . SYED BABA S/O SYED AMEER AGED ABOUT 52 YEARS C/O ILLYAZ HOUSE 7TH CROSS, ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶414

41 . MANSOOR PASHA

¶415

S/O AMEER PASHA AGED ABOUT 24 YEARS NO.26 11TH B CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶416

42 . IRFAN @ MOHIN PASHA S/O NAYAZULLA @ GOUSE AGED ABOUT 22 YEARS OLD R/AT NO.16 11TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE-560026. PRESENT R/AT 9^TH CROSS ARAFATH NAGAR BANGALORE-560026.

¶417

43 . SYED SHABBIR S/O SYED AZEEZ AGED ABOUT 51 YEARS NO.4/1 7TH CROSS 10 VINAYAKA NAGAR

¶418

¶419

OLD GUDDADAHALLI BANGALORE-560026.

¶420

44 . MOHAMMED SHABAZ S/O UBAID UR RAHMAN AGED ABOUT 32 YEARS NO.34, 9TH CROSS PADARAYANAPURA BANGALORE-560026.

¶421

45 . MOHAMMED YASIN S/O MOHAMMED KHASIM AGED ABOUT 24 YEARS NO.35 5TH CROSS OLD GUDDADAHALLI BANGALORE-560026.

¶422

46 . BABU

¶423

S/O BASHEER AGED ABOUT 60 YEARS NO.58/3 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶424

47 . IMRAN

¶425

S/O ZAINAB PASHA AGED ABOUT 34 YEARS NO.59/3, 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶426

48 . IMRAN BAIG S/O SALEEM BAIG AGED ABOUT 31 YEARS NO.26 9TH CROSS ARAFATH NAGAR

¶427

¶428

PADARAYANAPURA BANGALORE-560026.

¶429

49 . MOHAMMED USMAN KHAN S/O MOHAMMED ANWAR KHAN AGED ABOUT 38 YEARS NO.20 5TH CROSS PADARAYANAPURA BANGALORE-560026.

¶430

50 . ARIF S/O SYED BASHIR AGED ABOUT 40 YEARS 6TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶431

51 . IMTIYAZ KHAN S/O HUSSAIN KHAN AGED ABOUT 50 YEARS NO.32 11TH MAIN 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶432

52 . WASIM KHAN

¶433

S/O ASHWAK KHAN AGED ABOUT 22 YEARS NO.11 CROSS NEAR ABUBAKAR MASJID ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶434

53 . SYED SAMIULLA S/O SYED ABDULLA AGED ABOUT 40 YEARS

¶435

¶436

NO.4 NEW NO.10 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶437

54 . SADIQULLA SHARIEFF S/O SAMIULLA SHARIEFF AGED ABOUT 32 YEARS NO.53 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶438

55 . PARVEEZ S/O MANSOOR AGED ABOUT 23 YEARS NO.17 11TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026.

¶439

...PETITIONERS

¶440

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶441

AND:

¶442

1 . THE STATE OF KARNATAKA BY J. J. NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT OF KARNATAKA BANGALORE-560001.

¶443

2 . VENKATESH Y.T. (H.C. 9483) OCC- POLICE OFFICER AGED ABOUT 36 YEARS J.J. NAGAR POLICE STATION BANGALORE- 560026.

¶444

…RESPONDENTS

¶445

¶446

(BY SRI. B.N. JAGADEESH, ADDL. SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP FOR R1)

¶447

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.70/2020, C.C.NO.12477/2020 OF JAGAJEEVANRAM NAGAR POLICE STATION, FOR THE OFFENCE P/U/S 143, 147, 148, 353, 332, 269, 271 R/W 149 OF IPC AND SECTION 3 AND 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SECTION 51(B) OF NATIONAL DISASTER MANAGEMENT ACT, PENDING ON THE FILE OF XXXVII ADDL.C.M.M., BENGALURU.

¶448

IN CRL.P NO.5893/2022

¶449

BETWEEN

¶450

1 . AMEER AMJAD S/O MUSTAK AGED ABOUT 27 YEARS 7TH CROSS PADARAYANAPURA BANGALORE - 560026

¶451

2 . AKBAR KHAN S/O VAZEER KHAN AGED ABOUT 37 YEARS 7TH CROSS ARAFATH NAGAR PADAYARANAPURA WEST BANGALORE - 560026

¶452

3 . SIDDIK PASHA S/O AKRAM PASHA AGED ABOUT 22 YEARS C/O SHATAJA HOUSE 2ND MIAN ARAFATH NAGAR PADARAYANAPURA WEST

¶453

¶454

BANGALORE - 560026

¶455

4 . AKRAM PASHA

¶456

S/O HASSAN FAYAZ AGED ABOUT 52 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR 3 PADARAYANAPURA WEST BANGALORE - 560026

¶457

5 . SAIF PASHA S/O AKRAM PASHA AGED ABOUT 28 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶458

6 . HASSAN FAYAZ S/O AKRAM PASHA AGED ABOUT 26 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶459

7 . IMRAN PASHA S/O SIRAJ PASHA AGED ABOUT 36 YEARS C/O SHATAJ HOUSE 2ND MAIN ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶460

8 . JABIULLA S/O SYED IBRAHIM AGED ABOUT 47 YEARS NO 27

¶461

¶462

10TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶463

9 . MHAMMED AFSAN S/O NIZAMUDDIN AGED ABOUT 24 YEARS NO 33 9TH CROSS ARAFATH NAGAR 4 PADARAYANAPURA WEST BANGALORE - 560026

¶464

10 . NAYAZULLA S/O JABIULLA AGED ABOUT 52 YEARS NO 36 9TH CROSS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶465

11 . FIROZ S/O VAZEER AHMED AGED ABOUT 32 YEARS NEAR ABUBAKAR MASJID PADARAYANAPURA WEST BANGALORE - 560026

¶466

12 . HUSSAIN S/O IMAM SAAB AGED ABOUT 54 YEARS NEAR MADINA HOTEL OLD GUDDADAHALLI BANGALORE- 560026

¶467

13 . IRFAN S/O NAYAZULLA AGED ABOUT 25 YEARS NO 16 11TH CROSS

¶468

¶469

ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶470

14 . JAFAR KHAN S/O ZAFRULLA KHAN AGED ABOUT 21 YEARS ARAFATH NAGAR PADARAYANAPURA WEST BANGALORE - 560026

¶471

15 . SYED NAYEEM S/O SYED BABA AGED ABOUT 23 YEARS 5 13TH A CROSS GORIPALYA PADARAYNAPURA BANGALORE - 560026

¶472

16 . FIROZ

¶473

S/O ABDUL RAVOOF AGED ABOUT 41 YEARS 11TH CROSS COTTONPET NEAR DARGHA BANGALORE - 560026

¶474

17 . AKRAM

¶475

S/O CHAND PASHA AGED ABOUT 33 YEARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE - 560026

¶476

18 . SHAIK PARVEEZ

¶477

S/O SHAIK PEER AGED ABOUT 28 YEARS 11TH E CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE - 560026

¶478

¶479

19 . RIZWAN PASHA S/O CHAND PASHA AGED ABOUT 22 YEARS 11TH CROSS CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE - 560026

¶480

20 . ANWAR PASHA S/O MAHABOOB AGED ABOUT 30 YEARS 8TH CROSS GORIPALYA PADARAYANAPURA BANGALORE - 560026

¶481

21 . RAHIL PASHA S/O ARIF PASHA AGED ABOUT 33 YEARS NO 4 11TH CROSS 6 BALA SHETTY BOUNDRY PADARAYANAPURA BANGALORE - 560026

¶482

22 . INAYATH S/O MUSTAFA AGED ABOUT 28 YEARS NEAR SUJATHA TALKIES OLD GUDDADAHALLI PADARAYANAPURA BANGALORE - 560026

¶483

23 . MUJAHID PASHA S/O ARIF PASHA AGED ABOUT 37 YEARS NO 5/1 11TH CROSS PADARAYANAPURA BANGALORE - 560026

¶484

¶485

24 . NAFEEZ S/OMUNAWAR AGED ABOUT 31 YARS 11TH CROSS OLD GUDDADAHALLI PADARAYANAPURA BANGALORE - 560026

¶486

25 . SANAULLA S/O ABBAS AGED ABOUT 42 YEARS 11TH CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE- 560026

¶487

26 . AFROZ PASHA S/O NOORULLA SAB AGED ABOUT 26 YEARS 11TH CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE- 560026

¶488

27 . SADIQ S/O MOHAMMED KHAN AGED ABOUT 29 YEARS NO 32 9TH MAIN PADARAYANAPURA BANGALORE - 560026

¶489

28 . SYED SHOIB S/O SYED SHABBIR AGED ABOUT 23 YEARS NO 4/1 7TH CROSS VINAYAKA NAGAR GUDDADAHALLI BENGALURU - 560026

¶490

¶491

29 . SANAULLA S/O SAMIULLA AGED ABOUT 38 YEARS NO 1/1 7TH CROSS VINAYAKA NAGAR BANGALORE - 560026

¶492

30 . HABIB PASHA @ ABIB PASHA S/O AMANULLA AGED ABOUT 27 YEARS NO 27 11TH CROSS PADARAYANAPURA BANGALORE - 560026

¶493

31 . IMRAN S/O AMANULLA AGED ABOUT 36 YEARS 11TH CROSS PADARAYANAPURA BANGALORE - 560026

¶494

32 . JAFAR SADIQ S/O SHAIK NASIR AGED ABOUT 22 YEARS NO 2 7TH B CROSS OLD GUDDADAHALLI BANGALORE - 560026

¶495

33 . HAFIZ KHAN S/O ABDUL SATTAR KHAN AGED ABOUT 38 YEARS NO 28 11TH CROSS PADARAYANAPURA BANGALORE - 560026

¶496

34 . MUNNA SHAIK

¶497

¶498

S/O MUJA SHAIK AGED ABOUT 30 YEARS NO 1/1 7TH CROSS VINAYAKANAGAR BENGALURU -560026

¶499

35 . MOHSIN KHAN S/O AMANULLA AGED ABOUT 30 YEARS NO 14/2 11TH E CROSS OLD GUDDADAHALLI BANGALORE - 560026

¶500

36 . JAVID

¶501

S/O SHAIK SAHAUDDIN AGED ABOUT 40 YEARS NO 2 11TH B CROSS OLD GUDDADAHALLI BANGALORE - 560026

¶502

37 . SYED @ SYED FAZLU S/O SYED PASHA AGED ABOUT 35 YEAR NO 43 11TH E CROSS PADARAYANAPURA BANGALORE - 560026

¶503

38 . AKRAM KHAN S/O AMANULLA AGED ABOUT 36 YEARS NO 8/3 11TH E CROSS PADARAYANAPURA BANGALORE - 560026

¶504

39 . AJAZ S/O ZIAULLA AGED ABOUT 31 YEARS NO 5 ARAFATH NAGAR

PADARAYANAPURA

BANGALORE - 560026

40 . SYED BABA S/O SYED AMEER AGED ABOUT 52 YEARS C/O ILLYAZ HOUSE 7TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶509

41 . MANSOOR PASHA

¶510

S/O AMEER PASHA AGED ABOUT 24 YEARS NO 26 11TH B CROSS OLD GUDDADAHALLI BANGALORE - 560026

¶511

42 . IRFAN S/O NAYAZULLA AGED ABOUT 22 YEARS NO 16 11TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶512

43 . SYD SHABBIR

¶513

S/O SYED AZEEZ AGED ABOUT 51 YEARS NO 4/1 7TH CROSS 10 VINAYAKA NAGAR OLD GUDDADAHALLI BANGALORE - 560026

¶514

44 . MOHAMMED SHABAZ S/O UBAID UR RAHMAN AGED ABOUT 32 YEARS NO 34 9TH ARAFATH NAGAR PADARAYANAPURA

¶515

¶516

BANGALORE - 560026

¶517

45 . MOHAMMED YASIN S/O MOHAMMED KHASIM AGED ABOUT 24 YEARS NO 35 5TH CROSS OLD GUDDADAHALLI BANGALORE- 560026

¶518

46 . BABU S/O BASHEER AGED ABOUT 60 YEARS NO 58/3 10TH ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶519

¶520

47 . IMRAN

¶521

S/O ZAINAB PASHA AGED ABOUT 34 YEARS NO 59/3 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶522

48 . IMRAN BAIG

¶523

S/O SALEEM BAIG AGED ABOUT 32 YEARS NO 26 9TH ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶524

49 . MOHAMMED USMAN KHAN S/O MOHAMMED ANWAR KHAN AGED ABOUT 38 YEARS NO.20 5TH CROSS PADARAYANAPURA BANGALORE - 560026

¶525

50 . ARIF

¶526

¶527

S/O SYED BASHIR AGED ABOUT 40 YEARS 6TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶528

51 . IMTIYAZ KHAN S/O HUSSAIN KHAN AGED ABOUT 50 YEARS NO 32 11TH MAIN 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶529

52 . WASIM KHAN S/O ASHWAK KHAN AGED ABOUT 22 YEARS NO.11 CROSS, NEAR ABUBAKAR MASJID ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶530

53 . SYED SAMIULLA S/O SYED ABDULLA AGED ABOUT 40 YEARS NO 04, NEW NO 10 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶531

54 . SADIQULLA SHARIEFF S/O SAMIULLA SHARIEFF AGED ABOUT 32 YEARS NO 53, 10TH CROSS ARAFATH NAGAR PADARAYANAPURA

¶532

¶533

BANGALORE - 560026

¶534

55 . NAWAZ PASHA S/O SHAIK MUKTIYAR AGED ABOUT 29 YEARS NO 37 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶535

56 . MOHAMMED SHARIEFF S/O SABULAL AGED ABOUT 54 YEARS NO 19 10TH CROSS PADARAYANAPURA BANGALORE - 560026 57 . IRFAN PASHA S/O SHAIK MUKTIYAR AGED ABOUT 30 YEARS NO 38/2 10TH ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026 58 . SYED IRFAN PASHA S/O MOHAMMED PEER AGED ABOUT 38 YEARS NO 27 5TH CROSS PADARAYANAPURA BANGALORE - 560026

¶536

59 . KHALEEL AHMED S/O NAZER AHMED AGED ABOUT 42 YEARS NO 16 10TH CROSS PADARAYANAPURA BANGALORE - 560026

¶537

60 . MOHAMMED SUHAIL S/O SHAIK ZABIULLA

¶538

¶539

AGED ABOUT 24 YEARS N0 22 10TH CROSS PADARAYANAPURA

¶540

BANGALORE - 560026

¶541

61 . SALMAN KHAN S/O MOHAMMED KHAN AGED ABOUT 32 YEARS NO 36 11TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶542

62 . ASGAR KHAN S/O NAWAB KHAN AGED ABOUT 37 YEARS NO 33 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶543

63 . SYED NASRU S/O SYED NAZEER AGED ABOUT 23 YEARS NO 46 10TH CROSS PADARAYANAPURA BANGALORE - 560026

¶544

64 . TOUSHIF PASHA

¶545

S/O PATTEDARI PASHA AGED ABOUT 33 YEARS NO 12TH CROSS PADARAYANAPURA BANGALORE - 560026

¶546

65 . KHADEER AHMED S/O KAREEM SHARIEFF AGED ABOUT 22 YEARS NO 10TH CROSS PADARAYANAPURA

¶547

¶548

BANGALORE - 560026

¶549

66 . AFROZ S/O PYAARE JAN AGED ABOUT 27 YEARS 11TH CROSS PADARAYANAPURA BANGALORE - 560026

¶550

67 . NAYAZ KHAN S/O AMJAD KHAN AGED ABOUT 35 YEARS NO 46 10TH CROSS PADARAYANAPURA BANGALORE - 560026

¶551

68 . SALEEM PASHA S/O ANEES AHMED AGED ABOUT 48 YEARS NO 27 5TH CROSS ARFATH NAGAR PADARAYANAPURA

¶552

BANGALORE - 560026

¶553

69 . NADEEM KHAN S/O BABU KHAN AGED ABOUT 27 YEARS 8TH CROSS PADARAYANAPURA BANGALORE - 560026

¶554

70 . RIYAZ PASHA S/O SYED MUSTAFA AGED ABOUT 45 YEARS NO 22/17 11TH A CROSS PADARAYANAPURA BANGALORE - 560026

¶555

71 . MUJAHID PASHA S/O ISMAIL SABIULLA AGED ABOUT 34 YEARS NO 40 8TH CROSS ARFATH NAGAR

¶556

¶557

PADARAYANAPURA BANGALORE - 560026

¶558

72 . YUSUF KHAN S/O HUSSAIN KHAN AGED ABOUT 45 YEARS NO 47 11TH MAIN 10TH CROSS PADARAYANAPURA BANGALORE - 560026

¶559

73 . MOHIN KHAN S/O RIYAZ KHAN AGED ABOUT 25 YEARS NO 33 8TH CROSS PADARAYANAPURA BANGALORE - 560026

¶560

74 . IMRANKHAN S/O AMIR KHAN AGED ABOUT 37 YEARS 5TH CROSS ARFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶561

75 . ZAHIR KHAN S/O AHMED ALI KHAN AGED ABOUT 31 YEARS NO 48 8TH CROSS ARFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶562

76 . FAIROZ KHAN S/O ANSAR KHAN AGED ABOUT 26 YEARS NO 80 11TH B CROSS PADARAYANAPURA BANGALORE - 560026

¶563

¶564

77 . SYED AKRAM S/O SYED HAFIZ AGED ABOUT 34 YEARS NO 286 3RD CROSS TIPPU NAGAR CHAMRAJPET BENGALURU - 560026

¶565

78 . NAWAZ PASHA S/O ABDUL HAQ AGED ABOUT 27 YEARS NO.160, 3RD CROSS TIPPU NAGAR 16 CHAMRAJPET BANGALORE - 560026

¶566

79 . SADDAM S/O MOHAMMED ZABI AGED ABOUT 22 YEARS 8TH CROSS ARFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶567

80 . IMRAN KHAN S/O AMJAD KHAN AGED ABOUT 29 Y EARS NO 36 10TH CROSS ARFATH NAGAR PADARAYANAPURA BANGALORE - 560026

¶568

81 . MOHAMMED MUDASIR S/O ZAMEER AHMED AGE ABOUT 24 YEARS NO 7 9TH CROSS GORIPALYA BANGALORE - 560026

¶569

82 . MUBARAK S/O ISMAIL ZABIULLA AGED ABOUT 40 YEARS 8TH CROSS ARFATH NAGAR PADARAYANAPURA

¶570

¶571

BANGALORE - 560026

¶572

83 . MOHAMMEED NADEEM S/O MOHAMMED RAFEEQ AGED ABOUT 25 YEARS NO.62 1ST MAIN 4TH CROSS VALMIKI NAGAR MYSORE ROAD BANGALORE - 560026

¶573

84 . SHAIK TABREZ PASHA S/O ABDUL AZEER AGED ABOUT 26 YEARS NO 43 11TH D CROSS PADARAYANAPURA BANGALORE - 560026

¶574

85 . YAKATH KHAN S/O NOORULLA KHAN AGED ABOUT 36 YEARS NO.05, 10TH CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE - 560026

¶575

86 . INAYATH ULLA S/O AMEER JAN AGED ABOUT 52 YEARS NO 42, 13TH A CROSS HOSAHALLI MAIN RAOD PADARAYANAPURA BANGALORE - 560026

¶576

87 . MAZHAR KHAN S/O ASHAM KHAN AGED ABOUT 52 YEARS NO 58 13TH A CROSS

¶577

¶578

HOSAHALLI MAIN RAOD PADARAYANAPURA BANGALORE - 560026

¶579

88 . SUHAIL PASHA

¶580

S/O RIYAZ PASHA AGED ABOUT 24 YEARS NO 2/4 HOSAHALLI MAIN RAOD PADARAYANAPURA BANGALORE - 560026

¶581

89 . RASHID KHAN S/O ALLAH BAKASH AGED ABOUT 22 YEARS NO 53 HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE - 560026

¶582

90 . SUHAIL PASHA S/O RIYAZ PASHA AGED 26 YEARS NO 2/4 13TH A CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE - 560026

¶583

91 . IRFANULLA S/O NOORULLA AGED ABOUT 34 YEARS 18 NO 68 11TH E CROSS PADARAYANAPURA BANGALORE - 560026

¶584

92 . HAFEEZULLA KHAN AGED 36 YEARS S/O LATE NOORULLA KHAN R/AT NO 5/1 10TH CROSS PADARAYANAPURA

¶585

¶586

BANGALORE - 560026

¶587

93 . FAYAZ PASHA AGED ABOUT 40 YEARS S/O MAIDEEN SHARIEF R/AT NO.47 5TH CROSS ARAFATH NAGAR HALLIGUDDAHALLI PADARAYANAPURA BANGALORE - 560026

¶588

94 . IMRAN PASHA

¶589

AGED ABOUT 30 YEARS S/O AMJAD R/AT ARAFATH MASJID ROAD 5TH CROSS PADARAYANAPURA BANGALORE - 560026

¶590

95 . SYED ABRAR AGED ABOUT 33 YEAR S S/O SYED SADIQ R/AT N0 17 8TH CROSS PADARAYANAPURA BANGALORE - 560026

¶591

96 . TAJ PASHA S/O LATE ALABAKHASH AGE ABOUT 47 YEARS R/AT NO 48 11TH A CROSS PADARAYANAPURA BANGALORE - 560026

¶592

97 . TAJUDDIN S/O LATE NAZEMUDDIN AGED ABOUT 26 YEARS R/ATNO 2/3 16TH A CROSS

¶593

¶594

HALEGUDDADHALLI BANGALORE - 19

¶595

98 . SADIQ PASHA S/O LATE AFZAL PASHA AGED ABOUT 23 YEARS, R/AT NO.18 13TH A CROSS HOSAHALLI MAIN ROAD PADARAYANAPURA BANGALORE-560026

¶596

99 . NASRULLA KHAN S/O INAYATHULLA AGED ABOUT 27 YEARS, R/AT NO.10 11TH B CROSS PADARAYANAPURA BANGALORE-560026

¶597

100 . SULEMAN KHAN

¶598

S/O LATE ANWAR KHAN AGED ABOUT 37 YEARS, R/AT NO.30 5TH CROSS PADARAYAANPURA BANGALORE -560026

¶599

101 . RIZWAN PASHA S/OMOHAMMED PEER AGED ABOUT 32 YEARS, R/AT NO.27 5TH CROSS PADARAYANAPURA BANGALORE-560026

¶600

102 . AFROZ S/O RAFIQ AGED ABOUT 22 YEARS, R/AT ABUBAKAR MASJID ROAD ARAFATHNAGAR HALEGUDDAHALLI

¶601

¶602

MYSORE ROAD BANGALORE -560019

¶603

103 . MUBARAK PASHA S/O IMTHIYAZ PASHA AGED ABOUT 29 YEARS, R/AT ARAFATH MASJID ROAD 6TH CROSS ROAD PADARAYANAPURA BANGALORE-560026

¶604

104 . NADEEM KHAN S/O LATE ABDUL REHMAN AGED ABOUT 27 YEARS, RA/T NEAR ARAFATH MASJID 7TH CROSS PADARAYANAPRUA BANGALORE -560026

¶605

105 . SALMAN KHAN

¶606

S/O SAIFULLA KHAN AGED ABOUT 221 YEARS, NO.1 9TH CROSS PADARAYANAPURA BANGALORE -560026

¶607

106 . MOHAMMED ZABI S/O BASHEER AHMED AGED ABOUT 49 YEARS, NEAR ARAFATH MASJID ARAFATHNAGAR 7TH CROSS PADARAYANAPUA BANGALORE-560026

¶608

107 . SUHAIBULLA S/O LATE RIYAZULLA AGED ABOUT 23 YEARS

¶609

¶610

11TH A CROSS PADARAYANAPURA BANGALORE-560026

¶611

108 . NASEER PASHA S/O ALLABAKASH AGED ABOUT 38 YEARS, NO.48 11TH A CROSS PADARAYANAPURA BANGALORE-560026

¶612

109 . WASEEM AHMED S/O LATE NAZEER AHMED AGED ABOUT 37 YEARS, NO.9 10TH CROSS PADARAYANAPURA BANGALORE-560026

¶613

110 . NADEEM KHAN S/O HASEENULLA KHAN AGED ABOUT 24 YEARS, NO.99 8TH CROSS PADARAYANAPURA BANGALORE-560026

¶614

111 . AMJAD PASHA S/O BABU AGED ABOUT 40 YEARS, 6TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶615

112 . MOHAMMED FAROOQ S/O MOHAMMED ISAAQ AGED ABOUT 36 YEARS, R/AT 5TH CROSS ARAFATH NAGAR

¶616

¶617

PADARAYANAPURA BANGALORE-560026

¶618

113 . SYED SADIQ S/O SHED KHALEEL AGED ABOUT 25 YEARS R/AT 5TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶619

114 . MUBARAK PASHA S/O ANWAR PASHA AGED ABOUT 40 YEARS, R/AT NO.19 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶620

115 . SYED ISMAIL ZABIULLA S/O SYED SARADAR AGED ABOUT 30 YEARS, NO.33 10TH CROSS ARAFATH NAGAR BANGALORE-560026

¶621

116 . SYED SADIQ S/O SYED SARDAR AGED ABOUT 26 YEARS, NO.33 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶622

117 . MAHBOOB PASHA S/O SHAIKH AHMED AGED ABOUT 42 YEARS, 4TH CROSS

¶623

¶624

HALEGUDDAHALLI BANGALORE-560026

¶625

118 . NASRULLA S/O IBRAHIM AGED ABOUT 42 YEARS, NO.38 10TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶626

119 . SUBHAN KHAN S/O ANWAR KHAN AGED ABOUT 43 YEARS NO.20 7TH MAIN 5TH CROSS ARAFATH NAGAR PADARAYANAPURA BANGALORE-560026

¶627

120 . SAIFULLA KHAN S/O NABI KHAN AGED ABOUT 43 YEARS, R/AT NO.1 9TH CROSS PADARAYANAPURA BANGALORE-560026

¶628

121 . PARVEEZ S/O MANSOOR AGED ABOUT 22 YEARS, NO.17 7TH CROSS, ARAFATH NAGAR PDARAYANAPURA, BANGALORE-560026

¶629

...PETITIONERS

¶630

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

¶631

AND:

¶632

¶633

1 . THE STATE OF KARNATAKA BY JJ NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE - 560001

¶634

2 . RAMAN GOWDA PSI AGED ABOUT 35 YEARS J J NAGAR POLICE STATION BANGALORE - 560026

¶635

…RESPONDENTS

¶636

(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH; SMT. N. ANITHA GIRISH, HCGP)

¶637

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.71/2021 C.C.NO.13583/2020 OF JAGAJEEVANRAM NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 307, 201, 353, 333, 323, 324, 506, 269, 271, 188 R/W SEC.149 OF IPC AND SEC.3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SEC.519B) OF NDM ACT PENDING ON THE FILE OF THE HONBLE COURT OF 37th ACMM AT BENGALURU.

¶638

THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 26.02.2024 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

¶639

¶640

ORDER

¶641

These petitions are filed by the petitioners/accused persons under Section 482 of Cr.P.C., for quashing the Criminal proceedings registered by the Jagajeevanram Nagar police station in Crime No.70/2020, 71/2020, 72/2020, 73/2020, 74/2020 for the various offences punishable under the IPC sections as well as the Prevention of Destruction and Loss of Property Act, 1981, (hereinafter referred to as 'PDLP Act') and National Disaster Management Act, 2005 (herein after referred to as 'NDM Act'). After investigating the matter, the police have filed different charge sheets against the petitioners in C.C.Nos.12477/2020, 13583/2020, 12821/2020,

¶642

12397/2020 and 12506/2020.

¶643

In Crime No.70/2020, there were 55 accused

¶644

persons, in Crime No.71/2020, there were 120 accused persons, in Crime No.72/2020, there were 76 accused persons, Crime No.73/2020, there were 68 accused persons

¶645

and in Crime No.74/2020, there were 55 accused persons.

¶646

¶647

Most of the accused persons are common accused in all the cases.

¶648

The case of the prosecution in all these cases is that on 19.4.2020 between 6.30 p.m. to 6.50 p.m., when the BBMP officials went to secure 58 corona infected persons, at that time the accused persons formed unlawful assembly, armed with knife, club and rods with an intention to spread corona infection in Padarayanpura and had obstructed the area, where the Asha workers, Medical Officers belonging to BBMP, were lawfully discharging their official duty. The accused persons caused damage to the public property by breaking chairs, tables, tents at 10^th cross, Arfathnagar. Thereafter, they went to other adjacent roads, in total 5 different roads and they caused damages. Therefore, the police officials have filed the suo-motu complaint against the accused/petitioners in 5 different complaints against the accused persons.

¶649

In Crl.P.No.5832/2022, the police lodged complaint in Crime No.70/2020 pending in C.C.NO.12477/2020, on the

¶650

¶651

file of 37th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 269, 271 read with 149 of IPC, sections 3 and 4 of PDLP Act and Section 51(B) of NDM Act, against 61 accused persons, out of which the petitioners in this petition are accused Nos.7 to 61 (total 55 accused persons).

¶652

The Crl.P.No.1008/2021 (accused No.2) and Crl.P.No.5893/2022 (accused Nos.7 to 126) filed arising out of Crime No.71/2020, in C.C.No.13583/2020 pending on the file of 37^th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 307, 201, 353, 333, 323, 324, 506, 269, 271, 188 read with 149 of IPC and sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 126 accused persons mentioned in the FIR, out of which accused No.2 and accused Nos.7 to 126 have filed this petition (total 121 accused persons).

¶653

In Crl.P.No.5799/2022, the complaint was filed in Crime No.72/2020 in C.C.No.12821/2020, on the file of 37^th

¶654

¶655

ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 506, 269, 271, 188 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 82 accused, out of them accused Nos.7 to 82 have filed this petition. In total, 76 persons have filed this petition.

¶656

In Crl.P.No.5913/2022 (accused Nos.7 to 73) and Crl.P.No.552/2021 (accused No.2) the complaint filed in Crime No.73/2020 in C.C.No.12397/2022, on the file of 37^th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 506, 269, 271, 188 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 73 accused persons registered as per FIR, out of them accused No.2 and accused Nos.7 to 73, totally 68 persons have filed this petition.

¶657

In Crl.P.No.5821/2022 (accused Nos.7 to 61), the complaint filed in Crime No.74/2020, pending in C.C.No.12506/2020 on the file of 37^th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353,

¶658

¶659

332, 269, 271 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 61 accused out of them, accused Nos.7 to 61 filed this petition totally, 55 persons have filed this petition.

¶660

The petitioners being aggrieved with filing of the charge sheet, filed these petitions challenging the charge sheet contending that after registering the FIR, the police arrested the petitioners, and that they are innocent public who do not have any connection with the case. Also, their houses are different places, therefore, without identifying the real culprits, the police have blindly registered the case against these petitioners. He further contended that the BBMP officials did not come with clean hands to secure corona infected persons. There is no list of infected persons in order to quarantine them, they have not narrated the names of the officials or patients or receipt of any information regarding corona patients. There was no wound or injury sustained by any of the persons in order to attract Section 307 of the IPC. There was delay in getting MLC.

¶661

¶662

They have taken treatment in private clinic, though Government Hospital is situated in front of the police station. The CCTV footage does not reveal any incriminating materials found against the petitioners and nothing were seized. There is no Test Identification Parade conducted by the police. None of the offences alleged would attract the provisions. Further it is contended, the statement of witnesses are stereotype statements. Though the police have filed that more than 120 accused persons were involved, but no property has been damaged, which was seized by the police. Hence, prayed for quashing the Criminal proceedings.

¶663

Learned counsel also contended as per the allegations, it appears there is only one offence which has been committed, but the police have registered 5 different FIRs in the same police station against the same accused persons for the same cause of action. Therefore, the criminal prosecutions against the petitioners are liable to be quashed.

¶664

¶665

Learned counsel further contended, the very prosecution is liable to be quashed, there is a bar under Section 195 (1) a) of Cr.P.C., where the Government officials are required to file private complaint, in respect of violation of the provisions of Sections 172 to 188 of IPC and Disaster Management Act. In support of his contention, he has relied upon the judgment of the Hon'ble Supreme Court as well as this Court reported in (1981) 2 SCC 185 in case of State of Karnataka Vs Hemareddy @ Vemareddy and Anr. Also relied on another case in

¶666

W.P.No.13328/2018 (GM-RES) in case of

¶667

Rajashekharananada Swamiji and Anr Vs State of Karnataka ) and in case of Mahesh@Mahesha M., and Ors Vs State in Crl.P.No.9153/2022 and other cases.

¶668

Per contra, learned Addl.SPP has seriously objected the petition contending that the police have registered 5 different FIRs against various accused persons and most of the accused persons are common in all the FIRs The time of offence as well as place of offence are

¶669

¶670

altogether different where the first offence was committed at 10^th cross, wherein the complainant was one Venkatesh police constable, in Crime No.0070/2020 the offence was committed at 7.10 p.m. In second case, Crime No.71/2020, the FIR was lodged by one PSI Raman Gowda the alleged offence was committed at 7.20 p.m., at 11^th Cross, Padarayanapura, Bengaluru. In Crime No.72/2020 the complainant was one Gajendra, Head Constable and the alleged offence was committed at 12^th cross Padrayanapura, Bengaluru and the offence was committed at 7.30 p.m.. In Crime No.73/2020 the complainant was one Dadapeer, Head constable and the alleged offence was committed at 11^th cross, Padarayanapura and the time of offence was at 7.40 p.m. In Crime No.74/2020 complainant was Dr.Yogesh and place of incident was 10^th cross, West of Padarayanapura, the time of incident was at 6.30 p.m. Learned counsel contended that the different offences committed by the accused persons, in different places at different times and complaint was lodged by different persons. Therefore, it

¶671

¶672

cannot be considered as one FIR or one incident in order to quash the Criminal proceedings.

¶673

Learned Addl.SPP has contended that though the offences under Section 188 of IPC, where the private complaint is required to be filed and quashed on the ground, the FIR has been lodged, but the remaining offences for damaging the public properties and causing injury, obstructing the public servants were remaining for prosecution. Therefore, case is required for trial and for framing of charges. Hence, prayed for dismissing the petition.

¶674

Having heard the arguments, perused the records. The sum and substance of the prosecution case is that, there was Covid-19 lockdown during April-2021 and there were 51 persons who were affected with corona infection and the said houses of the persons were required to be sealed down. Therefore, the BBMP officials, visited the padarayanapura area for sealing down. At that time, these accused persons said to be obstructed them from

¶675

¶676

discharging official duty and they said to be shown criminal force on them. They said to be damaged the chairs and table kept near the tents erected by the BBMP and they also said to be caused injury to one of the police and the offence is punishable under Section 307 of IPC. Admittedly, all the cases were arising out of series of incidents, at a time, one after the another. However, at different places, the accused persons had committed the offence, at different times and different persons have lodged complaint. There are different FIRs which have been registered in the same police station one after the another. It is also found that some of the accused persons are common, in all the 5 cases and some of them are different accused person in some cases . Accused Nos.1 to 6 were named in the FIR in 4 cases and 5 accused persons were named in one FIR. These petitioners were not named in the FIR, but the names are shown in the charge sheet .

¶677

The alleged offences mainly attract section 188 of IPC where there was promulgation of the state for Covid-19

¶678

¶679

lockdown and sealing down the infected area of Corona Virus. Though, the BBMP officials went to the padarayanapura area for sealing down on the ground, that there were 51 persons infected with the corona virus, but in the charge sheet there are no details or names of the corona virus affected persons in order to seal down the area. When the BBMP officials were obstructing the road for sealing down, these petitioners might have agitated against them for sealing down the area, as they were required to come out for purchasing the milk or vegetables or food products for day to day usages, at that time there may be scuffle between them and the alleged incident must have taken place. Therefore, the main offence alleged against accused persons is under Section 188 of IPC and thereafter the remaining offences attracted under the IPC and for violating the order of the Government during the emergency situation or lockdown, in view of the Covi-19 virus. The government passed the order under the Disaster Management Act for lockdown or sealing down the area, therefore, it attracts section 51 of the Disaster Management

¶680

¶681

Act. As per section 195 of Cr.P.C., there is a bar for taking cognizance by the Magistrate, for the offence punishable under Section 188 of IPC, the relevant section 195 (1)(a)(i) read as under :--

¶682

"No court shall take cognizance(a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 1860 (45 of 1860); or (ii) xxxxxxxxxxxx (iii) xxxxxxxxxxxxxx except on the xxxxxxxxxxxx;

¶683

b)(i) xxxxxxxxxxxx court; ог

¶684

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476 of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court; or

¶685

Therefore, in view of the bar under Section 195 (1)(a) (i) of Cr.P.C., for filing the complaint under Section 154 of Cr.P.C for filing the charge sheet and taking cognizance from the Magistrate, apart from that, for the purpose of taking cognizance, offence punishable under

¶686

¶687

Section 51 (B) of the Disaster Management Act, again there is a bar for taking cognizance on the police report, except on the complaint by the National Authority or State Authority or District Authority, or any other authority shall be authority in this behalf, by that authority or the Government as the case may be, as per section 60 of the Disaster Manager Act, which is as under:-

¶688

"Section 60: Cognizance of offences. No court shall take cognizance of an offence under this Act except on a complaint made by-

¶689

(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or

¶690

(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid."

¶691

Therefore, the registered FIR and filing the charge

¶692

sheet is barred for taking cognizance under Section 195 of Cr.P.C., and section 60 of Disaster Management Act offence

¶693

¶694

punishable under Section 188 of IPC and section 51 (B) of Disaster Management Act.

¶695

This court also held in a similar case in WP NO.10241/2021 dated 4.8.2021 in the case of Dr.M.K. Pushpitha Vs State of Karnataka and another. The coordinate benches also taken the similar view in various cases. Now the question that arises to this court, other than the section 188 of IPC and section 51 of Disaster Management Act, is whether prosecution can be continued for the offences punishable under the IPC sections such as 353, 332, 143, 149, 307, 323 of IPC and also damaging the Public Properties Act.

¶696

The Addl. SPP contended that other than the non cognizable offence, the remaining IPC sections shall be proceeded against the accused persons. In this regard, learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court held in Bandekar Brothers

¶697

¶698

Pvt., Ltd., Vs Prasad Vassudev Keni and Ors reported in (2020) 20 SCC 1 at paragraph 48 has held as under:

¶699

"Equally important to remember that if in the course of the same transaction two separate offences are made out, for one of which section 195 of Cr.P.C is not attracted and it is not possible to split them up, the drill of section 195 (1)(b) Cr.P.C must be followed. Thus in State of Karnataka Vs Hemareddy, this court referred to the judgment of Madras High Court (V.V.L. Narasimhamurthy, In re)"

¶700

xxxxxxxxxxxxxxxxxxxxxxxxx

¶701

8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a court is necessary under that sub-section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld.”

¶702

The Hon'ble Supreme Court in view of the

¶703

judgment of Hon'ble Supreme Court, the coordinate bench

¶704

¶705

of this Court, also taken the similar view in the case of " Rajashekharananada Swamiji" stated supra that without filing the complaint under Section 2(d) of Cr.P.C., question of filing FIR and charge sheet and taking cognizance cannot be sustained. Therefore, the contention of the learned Addl.SPP to split up IPC cases cannot be acceptable. In order to split up the cognizable IPC cases and quashing the non-cognizable cases and proceed with the trial, is not correct and cannot be acceptable.

¶706

Therefore, in view of the judgment of the Hon'ble Supreme Court and bar under the Cr.P.C., as well as Disaster Management Act, the Criminal proceedings against these petitioners in the above 5 cases are liable to be quashed without going to the veracity of the offence committed by the accused, whether one offence or different offences, in different place of occurrence. Hence, petition deserves to be allowed.

¶707

Accordingly, all these petitions are allowed .

¶708

¶709

Consequently, the petition filed against the petitioners/accused persons in (i) Crl.P.NO.5832/2022 filed by the accused Nos.7 to 61, in C.C.NO.12477/2020, in Crime No.70/2020;

¶710

(ii) In Crl.P.No.1008/2021 filed by accused No.2 and CRL.P.No.5893/2022 filed by the accused Nos.7 to 126 in Crime No.71/2020, in C.C.NO.13583/2020;

¶711

(iii) In Crl.P.No.5799/2022, filed by accused Nos.7 to 82, in Crime No.72/2020, in C.C.NO.12821/2020;

¶712

(iv) Crl.P.No.552/2021 filed by accused No.2 and Crl.P.No.5913/2022, filed by accused Nos.7 to 73, in Crime No.73/2020, in C.C.NO.12397/2020 and

¶713

(v) In Crl.P.No.5821/2022, filed by accused Nos.7 to 61, in Crime No.74/2020 in C.C.NO.12506/2020, all these crimes filed by Jagajeevanram Nagar police station, which are pending on the file of 37^th ACMM, Bengaluru, are hereby quashed.

¶714

Sd/JUDGE

¶715

AKV CT:SK

Nawaz Pasha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nawaz Pasha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Abdul Khalak Vs the State of Karnataka

Sri N Govindaraju Vs Sri Prashanth Kumar C

Mr. Riyaz Ahmed Vs State of Karnataka

Sri Naveen Kumar K Vs the State of Karnataka

Devendra K C Vs State of Karnataka

Rajkumar Pari Vs State of Karnataka by