Allowed¶40

Mohammad Riyaz v. State of Karnataka

Criminal – Quashing

Karnataka HC3 Dec 2025WP/26464/2025

Download

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), W.P. No. 26464 of 2025 (GM-RES), Mohammad Nawaz J, 03-12-2025: writ petition under Article 226 allowed; split-up charge sheet and entire proceedings in C.C.No.1145/2021 (Sections 457 and 380 IPC, Crime No.67/2012, Puttur Town Police Station — theft of about 70 kg areca nuts) quashed against accused No.3 because co-accused No.2 had already been acquitted on 26.11.2021 on identical material (seizure mahazar panchas, apprehending officer and purchaser not examined; only PW.7 examined); further trial held unnecessary and an abuse of process of court.

What did the court decide?

Petition allowed; split up charge sheet and entire proceedings in C.C.No.1145/2021 against the petitioner quashed. ¶40

Mohammad Riyaz Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; split up charge sheet and entire proceedings in C.C.No.1145/2021 against the petitioner quashed.

¶40

Issue for consideration

Whether the entire proceedings in C.C.No.1145/2021 against the petitioner (accused No.3, split-up case under Sections 457 and 380 IPC) should be quashed in view of the acquittal of accused No.2 on the same material. +1 more

¶24

Court's answer

The split up charge sheet and the entire proceedings pending against the petitioner in C.C.No.1145/2021 on the file of the Principal Senior Civil Judge and ACJM, Puttur, D.K. are quashed.

¶36

Ratio / Principle

The material collected against all the accused being one and the same, and the evidence the prosecution intends to adduce against the petitioner being not different from that already adduced in the trial of accused No.2 (who was acquitted), no purpose would be served in sending the petitioner for trial; it would amount to abuse of the process of the Court.

¶35

Detailed headnote1 paragraphs

Criminal — Quashing — Writ petition under Article 226 of the Constitution of India seeking quashment of entire proceedings in C.C.No.1145/2021 (Sections 457 and 380 IPC) arising from Crime No.67/2012 of Puttur Town Police Station, alleging theft of about 70 kg of areca nuts from the complainant's godown on the intervening night of 16-17.07.2012. Petitioner was arraigned as accused No.3; as he was unavailable, his case was split up. Accused No.2 was tried and acquitted vide judgment dated 26.11.2021, the Trial Court finding insufficient evidence — the apprehending police personnel, panch witnesses to the seizure mahazar and the purchaser of the stolen property were not examined, and apart from PW.7 (Police Inspector) there was no cogent convincing evidence. Since the material against all accused was identical and the evidence to be adduced against the petitioner would be no different, no purpose would be served by his trial and continuance would amount to abuse of the process of the Court. The split up charge sheet and entire proceedings in C.C.No.1145/2021 were quashed and the petition allowed. (Mohammad Nawaz, J.; decided 03-12-2025.)

¶1

¶2

NC: 2025:KHC:51560 WP No. 26464 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶8

WRIT PETITION NO. 26464 OF 2025 (GM-RES)

¶9

BETWEEN:

¶10

MOHAMMAD RIYAZ AGED ABOUT 32 YEARS S/O ABBAS K, R/AT BADDAME, KOILA, DAKSHINA KANNADA- 574241

¶11

…PETITIONER

¶12

(BY SRI. SACHIN B S.,ADVOCATE)

¶13

AND:

¶14

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶15

STATE OF KARNATAKA REP. BY SUB INSPECTOR, PUTTUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE- 560001.

¶16

SAMEER S JALAVADIA S/O SHANTILAL, AGED ABOUT 50 YEARS, R/AT: ONWER OM TRADING CO.13, INDUSTRIAL AREA MUKRAMPADY KEMMENJE PUTTUR, D.K.- 574210

¶17

…RESPONDENTS

¶18

(BY SRI RAHUL RAI. K., HCGP)

¶19

2 - NC: 2025:KHC:51560 WP No. 26464 of 2025

¶20

HC-KAR

¶21

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ENTIRE PROCEEDINGS IN CC NO. 1145/2021 REGISTERED FOR THE OFFENCES UNDER SECTION 380 AND 457 OF IPC PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR IN SO FAR AS PETITIONER IS CONCERNED AS PER ANNEXURE-A.

¶22

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶23

ORAL ORDER

¶24

Petitioner is seeking to quash the entire proceedings in C.C.No.1145/2021 pending on the file of the Court of Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada.

¶25

A case in Crime No.67/2012 was registered at Puttur Town Police Station, Dakshina Kannada district for the offence Punishable under Section 457 and 380 of IPC against unknown persons.

¶26

It is alleged that during the intervening night of 16-17.07.2012, some unknown persons have committed

¶27

3 - NC: 2025:KHC:51560 WP No. 26464 of 2025

¶28

HC-KAR

¶29

theft of about 70Kgs of areca nuts from the godown of the complainant. Charge sheet was filed against accused Nos.1 to 3 for the offence Punishable under Section 457 and 380 of IPC. Petitioner was arraigned as accused No.3 in the charge sheet.

¶30

As the petitioner was not available during trial, case against him was split up. It is not in dispute that the trial held against accused No.2 has ended in acquittal vide judgment dated 26.11.2021 passed by the Court of Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada. A certified copy of the judgment has been produced at Annexure-D.

¶31

The Trial Court has found insufficient evidence regarding the allegation that the accused have committed theft of areca nuts from the godown of M/S Om Trading Company, on the intervening night of 16.07.2012 and 17.07.2012 and they sold the said stolen areca nuts to Parvathi Trading nuts at Puttur. It is observed by the Trial Court that the prosecution has not examined the police

¶32

4 - NC: 2025:KHC:51560 WP No. 26464 of 2025

¶33

HC-KAR

¶34

personnel who apprehended accused No.1 and even the Panch witnesses to the seizure mahazar under which, the areca nuts were seized, were also not examined and the purchaser of the stolen property were also not examined. It is further observed that except the evidence of PW.7, Police Inspector, there is no cogent convincing evidence placed by the prosecution.

¶35

The material collected against all the accused being one of the same and evidence which prosecution intends to adduce before the trial Court against the petitioner being not different from the one already adduced while conducting trial against accused No.2, no purpose will be served in sending the petitioner for trial. On the other hand it will amount to abuse of process of the Court. Hence, the split up charge sheet and the entire proceedings now pending against the petitioners in C.C.No.1145/2021, on the file of the Court Principal

¶36

Senior Civil Judge and ACJM, Puttur, D.K. are quashed .

¶37

NC: 2025:KHC:51560 WP No. 26464 of 2025

¶38

¶39

HC-KAR

¶40

7. Petition is allowed .

¶41

Sd/(MOHAMMAD NAWAZ) JUDGE

¶42