Karnataka High Court
Riyaz Mahibubsa Bannu S/O Mahibubsab vs State Of Karnataka By Ilkal Town Police on 2 April, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:6013
CRL.P No. 103021 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF APRIL 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103021 OF 2022
BETWEEN:
1. RIYAZ MAHIBUBSAB BANNU
S/O MAHIBUBSAB,
AGED ABOUT 35 YEARS,
OCC. BUSINESS, R/AT. ILKAL
ILKAL, DIST. BAGALKOT-587125.
2. MAHAMMAD RAFIK LADLESAB NADAF
S/O LADLESAB,
AGED ABOUT 37 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
3. ABDUL KHADAR JILANI MAHAMAD SHERIFSAB CHOPDAR
S/O MAHAMAD SHERIF SAB,
AGED ABOUT 37 YEARS,
OCC. BUSINESS,
R/AT. ILKAL, ILKAL,
DIST. BAGALKOT-587125.
VIJAYALAKSHMI
4. DASTGEER MURTUSAB MADALI
M KANKUPPI
S/O MURTU SAB,
Digitally signed by
VIJAYALAKSHMI M KANKUPPI
Location: HIGH COURT OF
AGED ABOUT 31 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
KARNATAKA DHARWAD
BENCH
Date: 2024.04.05 15:09:09
+0530
ILKAL, DIST. BAGALKOT-587125.
5. MOHAMAD RAFIK MAHIBUB HEBBAL
S/O MAHIBUB SAB,
AGED ABOUT 31 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
6. RAMJAN MAHIBUB SAB BANNU
S/O MAHIBUB SAB,
AGED ABOUT 33 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
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CRL.P No. 103021 of 2022
7. SHAMID ABDUL SAB RESHMI
S/O ABDUL SAB
AGED ABOUT 30 YEARS,
OCC. BUSINESS,
R/AT. ILKAL, ILKAL,
DIST. BAGALKOT-587125.
8. JAMID LALASAB PUNEKAR S/O LALASAB
AGED ABOUT 28 YEARS, OCC. BUSINESS,
R/AT. ILKAL, ILKAL,
DIST. BAGALKOT-587125.
9. YASIN MOHMED SHAKIL VENKATAPUR
S/O SHAKIL SAB
AGED ABOUT 27 YEARS,
OCC. BUSINESS,
R/AT. ILKAL, ILKAL,
DIST. BAGALKOT-587125.
10. SAMIULLA MURTUJ SAB VENKATAPUR
S/O MURTUJ SAB,
AGED ABOUT 26 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
11. ALLA BAKSHI MURTUJ SAB TALIKOTI
S/O MURTUJ SAB,
AGED ABOUT 31 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
12. RAFIK IMAMSAB AILOLE S/O IMAMSAB
AGED ABOUT 45 YEARS, OCC. BUSINESS,
R/AT. ILKAL, ILKAL,
DIST. BAGALKOT-587125.
13. FAYAZ KASHIMSAB CHOUNI
S/O KASHIM SAB,
AGED ABOUT 26 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
14. SOHEB KASHIM SAB CHOUNI
S/O KASHIM SAB @ IBRAHIM SAB,
AGED ABOUT 23 YEARS,
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CRL.P No. 103021 of 2022
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
15. MUJAHID YAKUB SAB HUNDEKAR
S/O IQBAL SAB,
AGED ABOUT 29 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
16. SANA MULLA S/O ABDUL KHADAR,
AGED ABOUT 29 YEARS,
OCC. BUSINESS, R/AT. ILKAL,
ILKAL, DIST. BAGALKOT-587125.
... PETITIONERS
(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ILKAL TOWN POLICE,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF DHARWAD,
DHARWAD-580011.
2. PRABHAKAR S/O GURUPUTRA KARADALI,
AGE. 25 YEARS, OCC. GOVT OFFICIAL
NON GAZATED TMC, TQ. ILKAL,
BAGALKOTE.
... RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ANNEXURE 'C' I.E. CHARGE SHEET
AGAINST THE PETITIONERS IN CC NO.3015/2021 IN CRIME
NO.78/2021 REGISTERED IN ILKAL PS PENDING ON THE FILE OF
ADDITIONAL CIVIL JUDGE AND JMFC, HUNGUNDA, BAGALKOT
DISTRICT, AND THIS PETITIONER IS ARRAYED AS ACCUSED NOS.1
TO 16 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 3 OF THE
KARNATAKA OPEN PLACES (PREVENTION OF DISFIGUREMENT) ACT
1981 IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 103021 of 2022
ORDER
The proceedings initiated against the petitioners for the offence punishable under Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981, is called in question in this petition.
2. The Co-ordinate Bench of this Court considered the said provision in the case of Riyaz Mahibubsab Bannu and others. v. The State of Karnataka and another1 and has held as under:
"1. The proceedings initiated against the petitioners for the offences punishable under Section 3 of the Karnataka Open Faces (Disfigurement) Prevention Act, 1981 is called in question in this petition.
2. The main contention of the petitioners is that there is no notification issued in respect of Ilkal Town as required under Section 2(2) of the aforementioned Act and unless there is no notification, an offence under that Act cannot be alleged against the petitioner.
3. Learned High Court Government Pleader fairly submits that, no notification has been issued brining in Ilkal town under the purview of the said Act.1
DD on 06.02.2024: NC 2024:KHC-D:2576 in Criminal Petition No.103037/2022 -5- NC: 2024:KHC-D:6013 CRL.P No. 103021 of 2022
4. In view of the above, it is obvious that the proceedings against the petitioners would not be maintainable consequently it is quashed.
Accordingly, the petition is allowed."
2A. Section 2(2) referred to in para 2 by the Co- ordinate Bench is, in fact, Section 1(2)(ii) of the Act.
3. The petitioners are also residents of Ilkal Town and a case is registered by Ilkal Police. Therefore, considering the above decision, the proceedings against the petitioners requires to be quashed.
4. Accordingly, the petition is allowed. The proceedings initiated against the petitioners in C.C. No.3015/2021 (Crime No.78/2021 of Ilkal Police Station) pending on the file of the learned Additional Civil Judge and JMFC, Hungund, are quashed.
Sd/-
JUDGE kmv ct:bck