The State by Vs John Verki and Others — Motor Accident Claims | Karnataka HC (2025)

The State by Vs John Verki and Others — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:9062 CRL.P No. 2022 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 2022 OF 2022

(482(Cr.PC) / 528(BNSS))

BETWEEN:

THE STATE BY ULLAL POLICE, MANGALURU - 575 020. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001.

…PETITIONER

(BY MS. ASMA COUSER, ADDL.SPP)

AND:

JOHN VERKI

Digitally signed by LAKSHMI T Location: High Court of Karnataka

SON OF LATE VERKI, AGED 82 YEARS,

RESIDENT AT KARINBIJAL HOUSE,

PALLI, NIRAKKAL, VELLURU POST AND VILLAGE, THALIPARAMBA TALUK, KANNURU DISTRICT, KERALA STATE 670 001.

RUPAI MARDI

S/O RBIN, AGED 30 YEARS, R/AT ANANDAPUR VILLAGE,

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NC: 2025:KHC:9062 CRL.P No. 2022 of 2022

GRAMPUR POST, DING POLICE STATION, JURISDICTION KOKRAJAL DISTRICT, ASSAM STATE 783 370.

DASARATH KACHRA

S/O DAL MOHAR AGED ABOUT 28 YEARS, R/AT CHIRU LINE VILLAGE, GRAMPUR POST, DING DING POLICE STATION, JURISDICTION, KOKRAJAL DISTRICT, ASSAM STATE 783 370.

SANJEB ORAYON

S/O AJITH ORAYON, AGE 21 YEARS, R/AT DEKALAPARA VILLAGE, BIRPA POST AND POLICE STATION,

JURISDICTION WEST BENGAL STATION 700 001.

…RESPONDENTS

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 06.01.2021 PASSED BY VI ADDITIONAL DISTRICT AND SESSIONS JUDGE D.K., MANGALURU IN CRL.RP.NO.30/2020 BY WHICH ORDER THE LEARNED VI ADDITIONAL DISTRICT AND SESSIONS JUDGE D.K., MANGALURU WAS PLEASED TO SET ASIDE THE ORDER DATED 21.11.2019 PASSED BY LEARNED JMFC VII, MANGALURU IN C.C.NO.2830/2019 AND CONFIRM THE ORDER DATED 21.11.2019 IN C.C.NO.2830/2019 PASSED BY THE

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LEARNED JUDICIAL MAGISTRATE FIRST CLASS (VII COURT) MANGALURU.

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

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

State has preferred this petition, aggrieved by the order dated 06.01.2021 passed by the Sessions Court in Crl.R.P.No.30/2020, thereby setting aside the order dated 21.11.2019, passed by the learned JMFC, VII Court, Mangaluru, in C.C.No.2830/2019 taking congnizance of the offences alleged against the accused and then remitting the matter back to the trial Court for reconsideration.

Vide order dated 21.11.2019, the learned Magistrate was pleased to take congnizance of the offences punishable under Section 11, (1)(A), 11(D), 11(E) Prevention of Cruelty to Animals Act, Transport of Animal rules 48, 50, 54(1), 54(2), 56(a)(b)(e) read with Section 38 of the Prevention of Cruelty to animals Act, Central Motor Vehicle

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NC: 2025:KHC:9062 CRL.P No. 2022 of 2022

(11 Amendment) Rule 125(e) read with 177 MV Act read with 34 of IPC.

The above order was challenged by the accused before the Sessions Court in Revision Petition. Learned Sessions Judge was pleased to allow the revision petition and set aside the order passed by the learned Magistrate taking cognizance of the offences and remitted the matter back to the trial Court.

The learned Additional SPP has submitted that the main matter before the Trial Court itself has been ended in conviction by an order dated 10.05.2022 wherein, the accused have pleaded guilty to the offence committed by them.

In view of the disposal of the main case, nothing remains for consideration in this petition. Petition is dismissed .

Sd/(MOHAMMAD NAWAZ) JUDGE

LDC

List No.: 1 Sl No.: 26 CT:SNN