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Mohammed Rafiq @ Rafeek v. the State of Karnataka

Criminal Procedure – Quashing – S.482 CrPC – Split-up case

Karnataka HC17 Jan 2025CRL.P/6197/2023

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Case brief

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What is this about?

S.482 CrPC quashing of proceedings; split-up case; acquittal of co-accused under S.235(1) CrPC; abuse of process of law; Sections 364A, 395, 120B IPC; Crime No.323/2015 Belthangady Police Station; S.C.No.11/2020; IV Additional District & Sessions Judge, D.K. Mangaluru; Mohammed Rafiq @ Rafeek (Accused No.3); Abdul Basheer; State of Karnataka; Mohan v. State of Karnataka, Crl.P.No.5376/2024 (19.09.2024); judgment dated 01.10.2021 in S.C.No.10/2020.

What did the court decide?

Quashing of the entire proceedings in S.C.No.11/2020 arising out of Crime No.323/2015, pending before the IV Additional District & Sessions Judge, D.K. Mangaluru, qua the petitioner-Accused No.3. ¶38

Mohammed Rafiq @ Rafeek Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings in S.C.No.11/2020 arising out of Crime No.323/2015, pending before the IV Additional District & Sessions Judge, D.K. Mangaluru, qua the petitioner-Accused No.3.

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Issue for consideration

Whether the entire criminal proceedings in S.C.No.11/2020 (arising out of Crime No.323/2015) for offences under Sections 364A, 395 and 120B IPC should be quashed qua the petitioner-Accused No.3 under Section 482 CrPC, in view of the acquittal of the co-accused in S.C.No.10/2020 and the common allegations against all the accused.

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Court's answer

In view of the common allegations against all the accused including the petitioner-Accused No.3, the acquittal of the remaining co-accused in S.C.No.10/2020, and the Co-ordinate Bench judgment in Mohan v. State of Karnataka (Crl.P.No.5376/2024, disposed of on 19.09.2024), continuation of the criminal proceedings in S.C.No.11/2020 qua the petitioner-Accused No.3 would tantamount to abuse of process of law warranting interference by this Court.

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Ratio / Principle

Criminal petition allowed: the entire proceedings in S.C.No.11/2020 arising out of Crime No.323/2015, pending before the IV Additional District & Sessions Judge at D.K. Mangaluru, for offences punishable under Sections 364A, 395 and 120B IPC, are quashed qua the petitioner-Accused No.3.

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Detailed headnote1 paragraphs

Criminal Procedure - Quashing - S.482 CrPC - Split-up case - Acquittal of co-accused - Abuse of process: The petitioner, arraigned as Accused No.3 along with eleven others in Crime No.323/2015 of Belthangady Police Station for offences punishable under Sections 364A, 395 and 120B IPC, sought quashing of the split-up proceedings in S.C.No.11/2020 before the IV Additional District & Sessions Judge, D.K. Mangaluru. By judgment dated 01.10.2021 in S.C.No.10/2020, rendered under Section 235(1) CrPC, the Trial Court had acquitted all other accused, the split-up case continuing only against Accused Nos.3, 9 and 12. Noting that the allegations against the petitioner were common with those against the acquitted co-accused, and in the light of the Co-ordinate Bench decision in Mohan v. State of Karnataka, Crl.P.No.5376/2024 (disposed of on 19.09.2024), the High Court held that continuance of the proceedings against the petitioner would tantamount to abuse of process of law warranting interference, and quashed the entire proceedings in S.C.No.11/2020 qua the petitioner-Accused No.3.

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1 - NC: 2025:KHC:1918 CRL.P No. 6197 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6197 OF 2023

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BETWEEN:

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MOHAMMED RAFIQ @ RAFEEK S/O ISQA @ MEDARABETHY KUNHIHAJI ISAQ, AGED ABOUT 32 YEARS, R/O NO.1-95/B DARKAS HOIUSE, KAKKINJE VILLAGE, BELTHANGADI TALUK, DAKSHINA KANNADA DISTRICT-574 214

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…PETITIONER

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(BY SRI. GIRISH B BALADARE, ADVOCATE)

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AND:

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Digitally signed by 1. THE STATE OF KARNATAKA KAVYA R REP. BY BELTHANGADY POLICE STATION, Location: DAKSHINA KANNADA DISTRICT, High Court of REP. BY ITS Karnataka STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01.

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ABDUL BASHEER S/O LATE SHEKABBA, AGED ABOUT 49 YEARS, R/O LOROTTO PADAVU HOUSE, BANTWAL KASABA VILLAGE,

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NC: 2025:KHC:1918 CRL.P No. 6197 of 2023

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BANTWAL TALUK,

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DAKSHINA KANNADA DISTRICT 574 153

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…RESPONDENTS

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(BY SRI. RASHMI JADHAV, ADDL.SPP FOR R1; NOTICE TO R2 IS D/W, V/O/D 28.08.2023)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.10/2020 (ARISING OUT OF CR.NO.323/2015) PENDING ON THE FILE OF IV ADDL.DISTRICT AND SESSIONS JUDGE AT D.K., MANGALURU FOR THE OFFENCE P/U/S 364A,395,120B OF IPC IN SO FAR AS PETITIONER IS CONCERNED.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner-Accused No.3 seeks quashing of the impugned proceedings in S.C.No.11/2020 on the file of IV Additional District and Sessions Judge, D.K.Mangaluru for the offences punishable under Sections 364-A, 395, 120-B of IPC.

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Heard learned counsel for the petitioner and learned Addl. S.P.P. for the respondents No.1 and perused the material on record.

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NC: 2025:KHC:1918 CRL.P No. 6197 of 2023

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A perusal of the material on record would indicate that initially, the petitioner was arraigned as an accused along with 11 others for the offence punishable under Sections 364-A, 395, 190-B of IPC. Subsequently, the said charge sheet as against the petitioner-accused No.3 as well as accused Nos.9 and 12 was split-up and proceedings in S.C.No.10/2020 continued as against remaining accused. The said proceedings in S.C.No.11/2020 having been contested by the aforesaid accused, the Trial Court proceeded to pass the judgment dated 01.10.2021 acquitting all the accused except the petitioner-accused No.3 and accused Nos.9 and 12. The operative portion of the said judgment in S.C.No.10/2020 is as under:

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ORDER

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" Acting under Section 235(1) of Code of Criminal Procedure, A.1- Mohammed Asif @ Asif , A.2- Lathif , A.4- Riyaz@Riyazuddin , A.5. Nawaz ,A.6- Irshad ,A.7- Abubakkar Siddiq , A.8- Abdul Majeed , A.10- Shabeer and A.11- Sulaiman are hereby acquitted of the offence punishable under Sections 120B, 364A and 395 of Indian Penal Code.

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Accused Nos.1,2, 4 to 8, 10 and 11 are set at liberty. Their bail bonds and tat of their surety shall stand cancelled.

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The bail bonds executed in compliance of Section 437(A) of Cr,P.C., shall be in force for a period of six months.

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4 - NC: 2025:KHC:1918 CRL.P No. 6197 of 2023

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Since the split up case is pending against accused Nos.3, 9 and 12, no order regarding material objects subjected in PF Nos.132/2015, 133/2015, 134/2015, 176/2015 and 177/2015 in Crime No.323/2015 of Belthangady Police Station.

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The original of this judgment shall be kept in the file of S.C.No.10/2020 and the copy thereof shall be kept in the file of S.C.No.11/2020."

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A perusal of the material on record including the said judgment passed in S.C.No.10/2020 will indicate that the common allegations are made against all the accused including the petitioner-Accused No.3 coupled with the fact that the common allegations are made against all the accused, including the petitioner-Accused No.3, in view of the acquittal of the remaining co-accused and in the light of the judgment of the Co-ordinate Bench of this Court in the case of Mohan Vs. State of Karnataka & Anr in Crl.P.No.5376/2024 disposed of on 19.09.2024, continuation of the criminal proceedings in S.C.No.11/2020 qua the petitioner-Accused No.3 would tantamount abuse of process of law warranting interference by this Court in the present petition.

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In the result, I pass the following:

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ORDER

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i. Criminal petition is allowed.

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5 - NC: 2025:KHC:1918 CRL.P No. 6197 of 2023

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ii. The entire proceedings in S.C.No.11/2020 arising out of Crime No.323/2015 pending before the IV Additional District & Session Judge at D.K. Mangaluru registered by respondent No.1Police, for the offences punishable under Sections 364A, 395 and 120B of IPC is hereby quashed qua the petitioner-Accused No.3.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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RKA List No.: 1 Sl No.: 7 CT:SNN

Mohammed Rafiq @ Rafeek v. the State of Karnataka

Case brief

What is this about?

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Mohammed Rafiq @ Rafeek v. the State of Karnataka

Case brief

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