Faizan Fairoz Shaikh v. the State of Karnataka

Karnataka HC21 Apr 2025CRL.P/101597/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing petition dismissed as withdrawn on counsel's memo, with liberty to file a fresh petition challenging the charge sheet; Ankola PS Crime No. 13/2024; offences under Sections 153(A), 295A, 505(2) IPC; charge sheet submitted after filing (memo refers to Crime No. 12/2024); Karnataka High Court, Dharwad Bench; Justice Shivashankar Amaranavar; decided at admission stage on 21.04.2025; no substantive ruling on quashing.

What did the court decide?

Petition dismissed as withdrawn with liberty as prayed for, i.e., liberty to file a fresh petition / to challenge the charge sheet in Ankola PS Crime No. 13/2024. ¶36-37

Faizan Fairoz Shaikh Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:6665 CRL.P No. 101597 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.101597 OF 2024

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BETWEEN:

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FAIZAN FAIROZ SHAIKH, AGE: 19 YRS, OCC: STUDENT, R/O: 205 BOBRUWAD ANKOLA, TQ: ANKOLA, DIST: UTTARA KANNADA.

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AZMAT ALI S/O. HAJARAT SAB MULLANAVAR, AGE: 20 YRS, OCC: STUDENT, R/O: 209 NEAR PHM SCHOOL BOBRUWAD ANKOLA, TQ: ANKOLA, DIST: UTTARA KANNADA.

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…PETITIONERS

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(BY A. C. CHAKALABBI AND ASSOCIATES AND SRI S.B.DODDAGOUDAR, ADVOCATES)

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AND:

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Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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THE STATE OF KARNATAKA, (PI ANKOLA POLICE STATION) REP. BYSPP, HIGH COURT BUILDING, DHARWAD.

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SHRI SANTOSH SHETTY, AGE: 42 YEARS, OCC: INSPECTOR OF POLICE, R/O: ANKOLA POLICE STATION, TQ: ANKOLA, DIST: UTTARA KANNADA.

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…RESPONDENTS

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(BY SRI. RAMESH B. CHIGARI, AGA FOR R1; V/O DATED 12.07.2024: R2 – NOTICE IS HELD SUFFICIENT )

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDING IN ANKOLA PS CRIME NO. 13/2024 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC ANKOLA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

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NC: 2025:KHC-D:6665 CRL.P No. 101597 of 2024

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153(A), 295A, 505(2) OF IPC, INSOFAR AS THE PETITIONER/ ACCUSED NO. 1 AND 2 IS CONCERNED AND GRANT ANY OTHER RELIEF IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Learned counsel for the petitioners files a memo seeking withdrawal of the petition with liberty to file a

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fresh petition.

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2. Memo reads thus;

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“Herein The Advocate For the petitioner begs to submit this memo as under:

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“Herein The Advocate For the petitioner begs to submit this memo as under:

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That the above case the petitioner has challenged the initiation of criminal proceedings in Ankola PS crime no.13/2024 Pending on the file of prl. Civil Judge (Jr. Dn.) And JMFC Ankola for the offence p/u/sec. 153(A), 295a, 505(2) of ipc, in so far as the petitioner/accused no.1 And 2 is concerned. After filling of the above case in case the IO has submitted the charge sheet in Ankola PS crime no.12/2024.

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Therefore the petitioner seeking permission

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to withdrawal above petition with liberty to challenge to charge sheet in Ankola PS crime

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NC: 2025:KHC-D:6665 CRL.P No. 101597 of 2024

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no.13/2024, in the above case to meet the ends of justice and equity.”

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