Dismissed¶37

Kumar S/O Sainath Pujar v. the State of Karnataka

Karnataka HC18 Sept 2025CRL.P/101209/2022

Case brief

AI extract

What is this about?

Quashing of rejection of Section 231(2) Cr.P.C. application; recall/further examination of witness under Section 311 Cr.P.C.; further cross-examination of CW-14/PW-4; murder trial S.C. No. 181/2019 Hubballi (Sections 302, 307, 326, 324 etc. r/w 149 IPC); petition dismissed as not pressed with liberty; inadvertent wrong provision invoked; Karnataka High Court Dharwad; S.Vishwajith Shetty J; 2025.

What did the court decide?

Liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C.; such application, if filed, to be considered by the trial Court on its merits and disposed of expeditiously. ¶37

Kumar S/O Sainath Pujar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 101209 OF 2022 (482(CR.PC)/528(BNSS))

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BETWEEN:

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KUMAR S/O SAINATH PUJAR, AGE. 25 YEARS, OCC. COOLIE, R/AT: ISHWAR NAGAR, HUGAR PLOT, 1^ST CROSS, HUBBALLI-580 024.

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YAMANURASAB

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Digitally signed byRAKESH S RAKESHSHARIHAR HARIHARLocation:HIGHCOURT OF KARNATAKA DHARWAD BENCH

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S/O. KHADARSAB PINJAR @ NADAF, AGE. 28 YEARS, OCC. PRIVATE WORK, R/AT: ISHWAR NAGAR, 3^RD CROSS, OLD HUBBALLI, HUBBALLI-580 024.

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GURUSIDDA @ GURU S/O. YANKAPPA UPHAR, AGE. 27 YEARS, OCC. COOLIE, R/AT. ISHWAR NAGAR, 1^ST CROSS, OLD HUBBALLI, HUBBALLI-580 024.

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RUDRESH S/O. DANAPPA VADDAR, AGE. 27 YEARS,

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OCC. COOLIE (GLASS FITTING),

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NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022

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HC-KAR

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R/AT: SADASHIV NAGAR, 1^ST CROSS, OLD HUBBALLI, HUBBALLI-580 024.

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NAGARAJ S/O. MALESH PUJAR, AGE. 25 YEARS, OCC. COOLIE, R/AT: ISHWAR NAGAR, 3^RD CROSS, OLD HUBBALLI, HUBBALLI-580 024.

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… PETITIONERS

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(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, KASABAPETH POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD.

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… RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 27.10.2021 WITH RESPECT TO THE REJECTION OF APPLICATIONS FILED UNDER SECTION 231(2) OF CR.P.C., IN S.C. NO.181/2019 PENDING ON THE FILE OF 5^TH ADDITIONAL DISTRICT AND SESSIONS, DHARWAD, AT: HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 114, 143, 201, 323, 324, 302, 307, 326, 341, 427, 452, 504 R/W 149 OF IPC, AND ALLOW THE PETITIONERS TO FURTHER CROSS-EXAMINE CW-14/PW-4, IN THE INTEREST OF JUSTICE.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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This petition is filed with a prayer to quash the order dated 27.10.2021 passed on the application filed by the petitioners under Section 231(2) of Cr.P.C. before the trial Court in S.C.No.181 of 2019.

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Learned counsel for the petitioners submits that inadvertently the petitioners had filed an application under Section 231(2) of Cr.P.C. instead of filing an application under Section 311 of Cr.P.C. and therefore this petition may be disposed off with liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C.

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