Mohammedsab S/O Husensab Mujawar Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

Mohammedsab S/O Husensab Mujawar Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to file a fresh petition along with the charge sheet; pending interlocutory applications disposed of as not surviving.

Issue for consideration

Whether the FIR dated 04.07.2023 in Crime No.75/2023 of Navanagara P.S., Bagalkot, registered against petitioners Nos.1 to 5 for alleged offences under Sections 420, 465, 467, 468 and 471 read with Section 149 IPC, should be quashed under Section 482 of the Criminal Procedure Code, 1973. (Raised by the petition but not adjudicated - the petition was withdrawn at the admission stage.)

Ratio / Principle

On the memo of even date filed by learned counsel for the petitioners seeking leave to withdraw the petition with liberty to file a fresh petition along with the charge sheet, leave was granted and the petition was dismissed as withdrawn with liberty as prayed for.

Key takeaways

In view of disposal of the petition, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.ratio¶40

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 102808 of 2023) under Section 482 of the Criminal Procedure Code, 1973 by five accused persons - Mohammedsab, Dadabai, Jayarabi, Azruddin and Majid - praying to quash the FIR registered on 04.07.2023 by Navanagara P.S., Bagalkot in Crime No.75/2023 against them for alleged offences punishable under Sections 420, 465, 467, 468 and 471 read with Section 149 IPC (respondent-2: Imamsab). Coming on for admission, learned counsel for the petitioners filed a memo of even date seeking leave to withdraw the petition with liberty to file a fresh petition along with the charge sheet. The memo was placed on record, leave was granted, and the petition was dismissed as withdrawn with liberty as prayed for; pending interlocutory applications stood disposed of as they did not survive for consideration. No finding was recorded on the merits of the allegations or on the question of quashing. (Per the Hon'ble Mr. Justice S. Rachaiah; order dated 06-11-2025; NC: 2025:KHC-D:15233.)

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NC: 2025:KHC-D:15233 CRL.P No. 102808 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 06^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.102808 OF 2023 (482(CR.PC)/528(BNSS))

BETWEEN:

MOHAMMEDSAB

S/O HUSENSAB MUJAWAR,

AGE. 57 YEARS, OCC. COOLIE, R/O. SECTOR NO.33, PLOT NO.37B, NAVANAGAR, BAGALKOTE.

DADABAI

S/O. SANNASHAHANAZ MUJAWAR, AGE. 56 YEARS, OCC. COOLIE, R/O. SECTOR NO.48, PLOT NO.53A NAVANAGAR, BAGALKOTE.

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

JAYARABI

W/O. HUSENSAB BALIGAR, AGE. 53 YEARS, OCC. HOUSEHOLD WORK, R/O. SHAHINSHAVALI DARGA, NAVANAGAR, BAGALKOTE.

4. AZRUDDIN

S/O. MOULASAB MANIYAR, AGE. 25 YEARS, OCC. BUSINESS, R/O. SHAHINSHAVALI DARGA, NAVANAGAR, BAGALKOTE.

MAJID S/O. MAHEBOOBSAB JAMAKHANDI, AGE. 40 YEARS, OCC. BOND WRITER,

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NC: 2025:KHC-D:15233 CRL.P No. 102808 of 2023

HC-KAR

R/O. SECTOR NO.45, NAVANAGAR, BAGALKOTE.

…PETITIONERS

(BY SRI V.P. VADAVI, ADVOCATE.)

AND:

THE STATE OF KARNATAKA, BY PSI NAVANAGAR, DIST. BAGALKOT, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011.

IMAMSAB S/O. AMINSAB MUJAWAR, AGE. 54 YEARS, OCC. PRIVATE WORK, R/O. SECTOR NO.33, PLOT NO.B-37, NAVANAGAR, DIST. BAGALKOT-587103.

…RESPONDENTS

(BY SRI JAIRAM SIDDI, HCGP FOR R1; SRI S.L. MATTI, ADVOCATE FOR R2.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE FIR REGISTERED ON 04.07.2023 AS AGAINST PETITIONERS NO.1 TO 5, BY THE NAVANAGARA P.S., BAGALKOT, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 420, 465, 467, 468, 471 READ WITH SECTION 149 OF IPC IN CRIME NO.75/2023, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:15233 CRL.P No. 102808 of 2023

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the petitioners files a memo of

even date, seeking leave of this Court, to withdraw the petition with liberty to file fresh petition along with the charge sheet.

The memo is placed on record. In view of the memo, leave granted. Petition is dismissed as withdrawn with liberty as prayed for.

In view of disposal of the petition, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.

Sd/(S.RACHAIAH) JUDGE

MRK CT: UMD List No.: 2 Sl No.: 38