Mohammed Sinan v. the State of Karnataka
Case brief
What is this about?
NC: 2025:KHC:26723 | HC-KAR | CRL.P No. 8971 of 2025 | High Court of Karnataka, Bengaluru | H.P. Sandesh, J. | 17-07-2025 | Quashing of criminal proceedings under Section 482 CrPC (filed u/s 528 BNSS) in favour of accused No.3 Mohammed Sinan in C.C.No.670/2023 (renumbered from C.C.No.395/2020) before Senior Civil Judge & JMFC Moodabidri, from Crime No.54/2019 Mulki P.S.; offences Ss.457, 380, 109, 201, 212 r/w 34 IPC (house-trespass/theft of Rs.20,000/- from complainant's locker, 07.06.2019); case rested solely on voluntary statement of arrested accused; no recovery at petitioner's instance; C.Ws.1-13 spoke only of mahazar dated 08.06.2019; charge-sheet showed no recovery except seizure of motorcycle and Bolero pickup vehicle; co-accused confession not substantive evidence per Surinder Kumar Khanna v. Intelligence Officer, DRI, (2018) 8 SCC 271 para 14; Ss.25 and 27 Evidence Act 1872 invoked; parity with accused No.4 whose proceedings were quashed in Crl.P.No.3101/2021; related order Crl.P.No.4248/2020; petition allowed, proceedings quashed.