Dismissed¶42

K H Abdul Majeed Alias Abdul Mazeed Mysore v. State of Karnataka

Karnataka HC11 Sept 2025CRL.P/5660/2025

Case brief

AI extract

What is this about?

Quashing of FIR; S.482 Cr.P.C.; offences u/Ss.189(2), 189(3), 285, 190 BNS; unlawful assembly; procession without permission; Belagavi Chalo; SDPI Karnataka; Kaikamba/Bantwala Town PS; Crime No.189/2024; investigation not to be spared at FIR stage; liberty to approach after charge sheet; interim order Crl.P.No.5687/2025 referred; High Court of Karnataka; CRL.P No.5660/2025; decided 11-09-2025; Sachin Shankar Magadum, J.

What did the court decide?

None; criminal petition dismissed, with liberty expressly reserved to approach this Court in the event a charge sheet is filed. ¶42

K H Abdul Majeed Alias Abdul Mazeed Mysore Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; criminal petition dismissed, with liberty expressly reserved to approach this Court in the event a charge sheet is filed.

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Issue for consideration

Whether the FIR registered in Crime No.189/2024 of Bantwala Town Police Station for offences punishable under Sections 189(2), 189(3), 285 and 190 of BNS should be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

Holding a procession without securing permission often disturbs traffic and creates inconvenience to pedestrians and road users; rules regulate that any procession intended to be carried by an organization must be done by securing appropriate permission.

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Ratio / Principle

Prima facie, the matter requires to be investigated by the Investigating Officer; at this juncture the Court is not inclined to spare the investigation.

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Key takeaways

The crime is registered solely on the premise that the procession was undertaken by a particular organization without intimating the competent authority.ratio¶42
In this background investigation is a must; therefore the petition fails and is dismissed.ratio¶42
The dismissal shall not be an impediment to approaching this Court in the event a charge sheet is filed.ratio

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. by eight accused seeking quashing of FIR in Crime No.189/2024 of Bantwala Town Police Station, registered for offences punishable under Ss.189(2), 189(3), 285 and 190 of BNS, on the file of the Addl. Civil Judge (Jr.Dn) and JMFC Court, Bantwala Town. FIR arose from an unlawful assembly on 11.12.2024 (3 p.m.-5 p.m.) at Kaikamba, where a 'Belagavi Chalo' procession organized by SDPI Karnataka was taken out without securing permission; despite the officer's request, participants proceeded shouting slogans and tried to block traffic. Plea for indulgence based on an interim order in Crl.P.No.5687/2025 did not sway the Court. Held (Sachin Shankar Magadum, J., 11.09.2025): prima facie the matter requires investigation and the Court is not inclined to spare the investigation; holding a procession without permission disturbs traffic, pedestrians and road users, and rules mandate securing appropriate permission; the crime rests solely on the procession being held without intimating the competent authority, so investigation is a must. Petition dismissed; order shall not impede approaching the Court if a charge sheet is filed. Pending applications disposed of.

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NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.5660/2025

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BETWEEN:

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K.H. ABDUL MAJEED ALIAS ABDUL MAZEED MYSORE S/O MANDEKOL AHAMMAD HASINAR AGED ABOUT 56 YEARS NO.1279, 1ST FLOOR, 1ST STAGE NEAR GUPTA STORE, RAIV NAGAR MYSORE, UDAYAGIRI, MYSORE DISTRICT KARNATAKA 570 019

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

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ANWAR SADATH .S S/O SHARAFUDDIN .S AGED ABOUT 47 YEARS NO.4-101, AJMEER COTTAGE ENJIRADKA ROAD, VALALU POST VTC : BAJATHURU SUB DISTRICT : PUTTUR DISTRICT : DAKSHINA KANNADA KARNATAKA 574 241.

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AFSAR K.B. @ ASHRAF KODLIPETE S/O BABU AGED ABOUT 44 YEARS R/AT DOOR NO.4593 WARD NO.28. HYDER VATARA BEHIND OLD MUTTON MARKET GULF COLONY VTC : HASSAN, PO : HASSAN DISTRICT : HASSAN KARNATAKA 573 201.

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2 - NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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B.R. BHASKAR PRASAD C/O RAMAPRASAD AGED ABOUT 50 YEARS NO. 153, MALLIGE NILAYA GUNDAPPA BUILDING, 1ST MAIN VISHWANATHA, NAGENAHALLI NEAR BANGALORE ONE, HEBBAL POST VTC : BANGALORE NORTH PO : H.A. FARM DISTRICT BENGALURU KARNATAKA 560 024.

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MOHAMMED SHAREEF @ SHARIEF VALAVOORU S/O LATE IBRAHIM BYARI AGED ABOUT 53 YEARS NO.1-301B, RAMALKATTE HOUSE THUMBE VILLAGE AND POST BANTWAL TALUK, VTC : BANTWAL PO : FARANGIPET SUB DISTRICT : BANTWAL DISTRICT : DAKSHINA KANNADA KARNATAKA 574 143.

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SHAHUL HAMEED @ SAHUL HAMEED PARLIYA S/O BAVA BYARI AGED ABOUT 54 YEARS NO. 14/48, MADDA HOUSE B. MOODA, BANTWAL, JODUMARGA DAKSHINA KANNADA KARNATAKA 574 219.

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MOONESH ALI AHMED @ MUNISH ALI BANTWAL S/O AHAMED KUNHI AGED ABOUT 38 YEARS NO.9-231/C, MOONESH MAHAL LOWER BAZAR, BANTWAL KASABA VTC : BANTVAL, PO : BANTVAL DISTRICT : DAKSHINA KANNADA KARNATAKA 574211.

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3 - NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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SMT. SHAHIDA THASNEEM @ SAJEEDA W/O ABDUL HAMEED AGED ABOUT 42 YEARS NO.1-47/3, KARAJE CHEDAVU HOUSE NAGRI POST, SAIPAMUDA DAKSHINA KANNADA KARNATAKA 574231.

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…PETITIONERS

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(BY SRI. S. BALAKRISHAN, ADV.,)

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AND:

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STATE OF KARNATAKA BY BANTWALA TOWN POLICE REP. BY SPP, HIGH COURT BUILDING BANGALORE -560 001.

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KALAIMAR .P AGED ABOUT 55 YEARS POLICE SUB INSPECTOR IO-1 BANTWALA TOWN POLICE STATION DAKSHINA KANNADA KARNATAKA - 574211.

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…RESPONDENTS

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(BY SRI. M.R. PATIL, HCGP)

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THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR REGISTERED CRIME NO.189/2024 OF BANTWALA TOWN POLICE STATION, REGISTERED FOR THE OFFENCE P/U/S. 189(2), 189(3), 285 AND 190 OF BNS ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, BANTWALA TOWN, DAKSHINA KANNADA DISTRICT IN THE ENDS OF LAW AND JUSTICE.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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ORAL ORDER

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Learned High Court Government Pleader is directed

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to accept notice for respondent No.1.

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Though the petitioners' counsel tried to persuade this Court to grant some indulgence citing an interim order granted by this Court in Crl.P.No.5687/2025, a crime is registered against the petitioners for having committed offences punishable under Sections 189(2), 189(3), 285, 190 of BNS. The police have registered a case against these petitioners as they were found to form an unlawful assembly on 11.12.2024 between 3 p.m. and 5 p.m. and when the complainant on 11.12.2024, while patrolling duty at Kaikamba, learnt that SDPI, Karnataka has organized Belagavi Chalo programme for social justice against U turn State Government, the concerned officer though tried to query the organizers and the participants as to whether permission is secured, it was learnt by the complainant that without securing permission, the procession was held under the banner Belagavi Chalo.

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NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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This compelled the concerned officer to lodge a crime against the petitioners. The brief contents of the complaint are that despite the officer’s request, the petitioners and other participants proceeded with the procession shouting slogans and tried to block the traffic.

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Prima facie , the matter requires to be investigated by the Investigating Officer. At this juncture, this Court is not inclined to spare the investigation. Holding procession without securing permission often disturbs the traffic and creates inconvenience to the pedestrians and also the road users. It is in this background, Rules are regulated to ensure that any procession intended to be carried by an organization, the same has to be done by securing appropriate permission. Now a crime is registered solely on the premise that this procession was undertaken by a particular organization without intimating the competent authority. It is in this background, investigation is a must and therefore petition fails and is accordingly dismissed. However, this order

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NC: 2025:KHC:36077 CRL.P No.5660/2025

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HC-KAR

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shall not be an impediment to approach this Court in the

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event charge sheet is filed.

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Pending applications, if any, are disposed of.

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