Petition under Section 528 BNSS sought quashing of proceedings in Crime No.122/2025 involving cross-cases. The court held quashing was impermissible absent the counter-case complainant seeking it, following the Full Bench decision in Hosakeri Ningappa, and dismissed the petition with directions on investigation.
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NC: 2026:KHC-D:2028 CRL.P No. 104805 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.104805 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
SYED SAMEER PASHA S/O. SYED SADIQ PASHA, AGE. 35 YEARS, OCC. TRADER, R/O. GANGAVATHI, NOW AT TORANAGALLU, TQ. SANDUR, DIST. BALLARI-583227.
…PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
CHANDRASHEKAR LAXMAN KATTIMANI
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:56 +0530
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. MADHU M. GOTURE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KOPPAL DIST. KOPPAL IN CRIME NO.122/2025 OF KOPPAL TOWN POLICE STATION FOR THE OFFENCE P/U/SEC. 115(2), 118(1), 351(3), 126(2), 352, 74 OF BNS, 2023 IN SO FAR PETITIONER/ACCUSED IS CONCERNED, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2026:KHC-D:2028 CRL.P No. 104805 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri V.S.Kalasurmath, learned counsel for Sri
M.V.Hiremath, learned counsel for the petitioner.
Hosakeri Ningappa and another reported in ILR 2012 KAR 509 .
as per the guidelines issued in Hosakeri Ningappa , supra.
Sd/(V.SRISHANANDA) JUDGE
kcm, CT:CMU LIST NO.: 1 SL NO.: 68
1 issue framed by the court
Whether FIR proceedings in a cross-case can be quashed when the complainant in the counter-case has not sought quashing.
Colour shows how this judgement treated each authority
State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and anotherFollowed¶3
ILR 2012 KAR 509 · Who else cites this
7 provisions across 2 enactments
Syed Sameer Pasha
The State of Karnataka
Rizwan Begum
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
