Allowed¶34

Manjunath S/O Rudramuniyappa Muddannavar v. the State of Karnataka by

Karnataka HC16 Oct 2025CRL.P/103544/2024

Case brief

AI extract

What is this about?

Quashing of proceedings under S.87 Karnataka Police Act / Karnataka Police (Amendment) Act, 2021 where a non-cognizable offence case was registered without prior necessary orders of the trial Magistrate; procedural lapse by head of raid party; parity with this Court's earlier order dated 21.06.2022 in Crl.P.No.101699/2022 quashing proceedings qua Accused No.1; petition under S.482 CrPC read with S.528 BNSS; Crime No.15/2022, Gadag CEN Police Station; CC No.1207/2022; 1st Addl. Civil Judge and JMFC Court, Gadag; Dharwad Bench.

What did the court decide?

Quashing of the proceedings in Crime No.15/2022 of Gadag CEN Police Station, Gadag, registered against the petitioners (Accused Nos.9 and 11) under Section 87 of the Karnataka Police Act (Amendment) Act, 2021. ¶34

Manjunath S/O Rudramuniyappa Muddannavar Vs the State of Karnataka by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the cognizance dated 16.06.2022 taken against the petitioners (Accused Nos.9 and 11) in Gadag CEN Crime Police Station Crime No.15/2022, registered as CC No.1207/2022, for the offence punishable under S.87 of the K.P. Act ought to be quashed, in view of this Court's earlier order dated 21.06.2022 in Criminal Petition No.101699/2022 quashing the proceedings qua Accused No.1 in the same crime.

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Court's answer

Registration of a case under S.87 of the Karnataka Police (Amendment) Act without necessary orders from the trial Magistrate vitiates the proceedings: this Court had already quashed the entire proceedings in Crime No.15/2022 qua Accused No.1 by order dated 21.06.2022 in Criminal Petition No.101699/2022 for want of such orders and for the raid party's failure to follow the required procedure for registering a non-cognizable offence under the Karnataka Police Act.

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Ratio / Principle

Those principles are squarely applicable to the present petitioners/Accused Nos.9 and 11; accordingly the Criminal Petition is allowed and the proceedings in Crime No.15/2022 of Gadag CEN Police Station registered against them under S.87 of the Karnataka Police Act (Amendment) Act, 2021 are quashed.

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Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (V.Srishananda, J.), Oral Order dated 16.10.2025 in Crl.P.No.103544 of 2024: Petition under S.482 Cr.P.C. (S.528 BNSS) by Accused Nos.9 and 11 in Gadag CEN Police Station Crime No.15/2022 (CC No.1207/2022, pending before the 1st Addl. Civil Judge and JMFC I Court, Gadag) allowed; cognizance dated 16.06.2022 taken against them for the offence punishable under S.87 of the Karnataka Police Act quashed. Following the Court's own order dated 21.06.2022 in Criminal Petition No.101699/2022, wherein the entire proceedings in the same crime were quashed qua Accused No.1 because the head of the raid party failed, for want of necessary orders from the trial Magistrate, to follow the required procedure for registering a case in respect of a non-cognizable offence under the Karnataka Police Act, the Court held those principles squarely applicable to Accused Nos.9 and 11 and quashed the proceedings against them under S.87 of the Karnataka Police Act (Amendment) Act, 2021.

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1 - NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103544 OF 2024

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BETWEEN:

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MANJUNATH

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S/O RUDRAMUNIYAPPA MUDDANNAVAR AGE 30 YEARS OCC :DRIVER R/AT AMALAPURA, KUDLIGI DIST: VIJAYANAGAR 583 135

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S KOTRESH S/O SHARANAPPA AGE 47 YEARS OCC :CONTRACTOR R/AT AMALAPURA, KUDLIGI DIST :VIJAYANAGAR -583 135

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…PETITIONERS

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(BY SRI ZANZA JOSHI AND SRI GOURI SHANKAR MOT, ADVOCATES)

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AND:

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY GADAG CEN CRIME POLICE STATION, GADAG, REP. 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 HIREMATH, HEGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 16.06.2022 AS TAKEN AGAINST THE ACCUSED NO.9 AND 11/PETITIONERS IN GADAG CEN CRIME POLICE STATION CRIME NO.15/2022 REGISTERED AS CC NO.1207/2022 CURRENTLY PENDING ON THE FILE OF 1^ST

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NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024

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HC-KAR

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ADDL.CIVIL JUDGE AND JMFC I COURT, AT GADAG FOR THE OFFENCE PUNISHABLE U/S 87 OF K.P. ACT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri Zanza Joshi, learned counsel appearing on behalf of Sri Gouri Shankar Mot, counsel the petitioners and Smt. Girja Hiremath, learned High Court Government Pleader for the respondent/State.

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In respect of Crime No.15/2022 of Gadag CEN Police Station, this Court by considered order dated 21.06.2022 in Criminal Petition No.101699/2022 quashed the entire proceedings on account of inherent mistakes committed by the head of the raid party in not following the required procedure for the purpose of registering the case in respect of a non cognizable offence under the Karnataka Police Act. The said order was in respect of accused No.1. The present petitioners are the accused No.9 and 11 in the same crime.

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NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024

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HC-KAR

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For want of necessary orders from the trial Magistrate before registering the case under Section 87 of the Karnataka Police (Amendment) Act, this Court quashed the proceedings against the accused No.1 in the aforesaid case which principles is squarely applicable to the present

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petitioners/accused No.9 and 11 also.

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Accordingly, the following

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ORDER

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(i) Criminal Petition is allowed.

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(ii) Proceedings in Crime No.15/2022 of Gadag CEN Police Station, Gadag, registered against the petitioners/accused No.9 and 11 under Section 87 of the Karnataka Police Act (Amendment) Act, 2021 are hereby quashed.

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Sd/(V.SRISHANANDA) JUDGE

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Manjunath S/O Rudramuniyappa Muddannavar v. the State of Karnataka by

Case brief

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Manjunath S/O Rudramuniyappa Muddannavar v. the State of Karnataka by

Case brief

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