Mali Vivek Reddy S/O. Mali Prabanjan Reddy Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Mali Vivek Reddy S/O. Mali Prabanjan Reddy Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the FIR dated 18.08.2023 bearing Crime No.0165/2023 of Gangavathi Town Police Station and all proceedings arising therefrom, pending before the Principal Civil Judge (Jr. Dn) and JMFC Court, Gangavathi, against Petitioners/Accused Nos.1 to 3 for offences under Sections 143, 147, 341, 323, 363, 506 and 149 IPC, 1860, should be quashed.

Ratio / Principle

Learned counsel for the petitioners was absent with no representation on the petitioners' side when the matter was called.

Key takeaways

Despite the matter being passed over and again taken up in the afternoon session, and having been listed for furnishing requisites for the third time, the petitioners were found not interested in prosecuting the matter.ratio¶28
The Criminal Petition was dismissed for non-prosecution; the merits of the prayer to quash the FIR were not examined.ratio¶29

Detailed headnote1 paragraphs

Criminal Petition No.102137 of 2023 (CRL.P) filed under Section 482 of Cr.P.C., 1973 before the High Court of Karnataka, Dharwad Bench (Hon'ble Mr. Justice Shivashankar Amarannavar), decided 17 March 2025. Petitioners (Accused Nos.1 to 3 - Mali Vivek Reddy, Syed Meer Usman Ali and Satish J) sought quashing of the FIR dated 18.08.2023 bearing Crime No.0165/2023 of Gangavathi Town Police Station, pending before the Principal Civil Judge (Jr. Dn) and JMFC Court, Gangavathi, Koppal District, for alleged offences punishable under Sections 143, 147, 341, 323, 363, 506 and 149 of IPC, 1860. On the date of hearing, learned counsel for the petitioners was absent and there was no representation on their side; the matter was passed over and again taken up in the afternoon session, and stood listed for furnishing requisites for the third time. Holding that the petitioners were not interested in prosecuting the matter, the Court dismissed the petition for non-prosecution. The merits of the quashing prayer were not examined and no precedent was cited.

1 - NC: 2025:KHC-D:4886 CRL.P No. 102137 of 2023

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 17^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.102137 OF 2023

BETWEEN:

MALI VIVEK REDDY S/O. MALI PRABANJAN REDDY, AGED ABOUT 36 YEARS, OCC: BUSINESS, R/O: H. NO.2-3-734/B/46, SHANKAR NAGAR, ZINDA TISMATH LANE, AMBERPET, HYDERABAD – 500 013, TELANGANA STATE.

Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

SYED MEER USMAN ALI S/O. SYED WAHEED ALI, OCC: BUSINESS, AGED ABOUT 30 YEARS, R/O: 76-2, RAHMAN NAGAR, DEVARAKADRA MANDAL, DEVARAKADRA, MAHABUBNAGAR – 509 204, TELANGANA STATE.

SATISH J S/O. VENKATARAO, AGED ABOUT 19 YEARS, OCC: CLERK IN SHRI ANJANADRI TRADERS, R/O: BAPU REDDI CAMP, HERUR, GANGAVATHI – 583 227, KOPPAL DISTRICT.

…PETITIONERS

(BY SMT. SHALINI A. HASINAL, SRI SUDARSAN, SRI SURESH SUBHASCHANDRA MANNUR AND SRI VARUNKUMAR, ADVOCATES)

2 -

NC: 2025:KHC-D:4886 CRL.P No. 102137 of 2023

AND:

STATE OF KARNATAKA, GANGAVATHI TOWN POLICE STATION, OPPOSITE GOVERNMENT HOSPITAL, M.G. ROAD, GANGAVATHI – 583 227, KOPPAL DISTRICT, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD.

MR. RAJESH S/O. VENKATESHWAR RAO, AGED ABOUT 32 YEARS, OCC: PADDY BUSINESS, R/O: BAPI REDDY CAMP, GANGAVATHI TALUK, KOPPAL DISTRICT – 583 227. RESPONDENT NO.2 ALSO RESIDING AT SHRI ANJANADRI TRADERS, NEAR APMC SAMUDAYA BHAVANA, GANGAVATHI – 583 227, KOPPAL DISTRICT.

…RESPONDENTS

(BY SRI RAMESH B. CHIGARI, AGA FOR R1)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., 1973, SEEKING TO QUASH THE FIR DATED 18.08.2023 BEARING CRIME NO.0165/2023 GANGAVATHI TOWN PS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN) AND JMFC COURT, GANGAVATHI, KOPPAL DISTRICT AND ALL PROCEEDINGS ARISING THERETO FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 341, 323, 363, 506 AND 149 OF THE IPC, 1860 AGAINST THESE PETITIONERS/ACCUSED NO.1 TO 3 PRODUCED HEREWITH AS ANNEXURE-A AT PAGE NOS.23-26. AND CALL FOR THE RECORDS IN CRIME NO.0165/2023 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND (JR. DN) AND JMFC COURT, GANGAVATHI, KOPPAL DISTRICT. PASS SUCH OTHER ORDERS OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

3 - NC: 2025:KHC-D:4886 CRL.P No. 102137 of 2023

ORAL ORDER

Learned counsel for petitioners is absent. There is no representation on petitioners side.

The matter is passed over and again taken up in the afternoon session. Inspite of that, learned counsel for petitioners is not present. The matter is listed today for furnishing requisites for the third time. It appears that the

petitioners are not interested in prosecuting this matter.

Hence, the petition is dismissed for non-

prosecution.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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