Karnataka High Court
Mahamad Thabarej vs State By on 19 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:47534
CRL.P No. 4632 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4632 OF 2023
BETWEEN:
1. MAHAMAD THABAREJ
S/O. MD YAKUB,
AGED ABOUT 49 YEARS,
R/AT MUSLIM BLOCK,
HUNSUR TOWN,
MYSORE-571 105.
2. SYED YUNAS
S/O. SYED YAKUB,
AGED ABOUT 42 YEARS,
R/AT SHABBIR NAGARA,
HUNSUR TOWN,
MYSORE-571 105.
3. SHARUKH
Digitally signed
by NAGAVENI S/O. ABUBUKKAR @ SHAFFI,
Location: HIGH AGED ABOUT 35 YEARS,
COURT OF
KARNATAKA R/AT SHABBIR NAGARA,
HUNSUR TOWN,
MYSORE-571 105.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR.,ADVOCATE)
AND:
1. STATE BY
HUNSUR TOWN POLICE STATION,
REP BY HIGH COURT
GOVERNMENT PLEADER,
OFFICE AT HIGH COURT COMPLEX,
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NC: 2024:KHC:47534
CRL.P No. 4632 of 2023
OPP TO VIDHANA SOUDHA,
BANGALORE-560 001.
2. SHANMUGAM. M.,
AGED ABOUT 33 YEARS,
POLICE SUB-INSPECTOR,
HUNSUR TOWN POLICE STATION,
HUNSUR CITY,
MYSORE DISTRICT-571 105.
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO 1) QUASH
THE COGNIZANCE ORDER DATED 03.04.2018 REGISTERED AS
C.C.NO.132/2018 BEFORE THE PRINCIPAL CIVIL JUDGE (SR.DN)
AND C.J.M COURT HUNSUR, MYSORE CITY AT ANNEXURE-D FOR THE
OFFENCE P/U/S 143, 341 R/W 149 OF IPC AND SEC.31 AND 107 OF
KARNATAKA POLICE ACT, ARISING OUT OF CR.NO.315/2017
REGISTERED BY HUNSUR TOWN POLICE STATION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court seeking following prayers;
"To quash the cognizance order dated 03.04.2018, registered as CC No.132/2018 before the Hon'ble Prl. Senior Civil Judge and JMFC, Hunsur, Mysore City at Annexure-D, for the offences punishable under Sections, 143, 341 r/w 149 of IPC and Section 31, 107 of Karnataka Police Act, arising out of crime No.315/2017 registered by the Hunsur Town PS.
2. To quash the Chargesheet dated 22.12.2017 filed Crime No.315/2017, registered with the -3- NC: 2024:KHC:47534 CRL.P No. 4632 of 2023 respondent police station i.e., Hunsur Town P.S, and the same is pending as CC No.132/2018 Hon'ble Prl. Senior Civil Judge and JMFC, Hunsur, Mysore City Annexure-C for the offences punishable under Sections 143, 341 r/w 149 of IPC and Section 31, 107 of Karnataka Police Act, wherein these petitioners are arraigned as accused No.3 to 5, in the interest of justice and equity."
2. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioners and Sri. Harish Ganapathy, learned HCGP appearing for the respondents.
3. Learned counsel for the petitioners would submit that the Co-ordinate Bench while dealing with the similar issue as that of the present case, has quashed the proceedings, which is as follows;
"1 to 7 xxx
8. On perusal of the records, the police have not invoked any provision except Sections 31 and 107 of KP Act. Sections 341 and 143 of IPC have been invoked for preventing from proceeding further and assembling in the group.
9. The Co-ordinate Bench of this Court in the aforesaid judgment has allowed the petition holding that Section 141 of IPC shall be considered when there is common object for assemble of more than five persons to commit offence. There is no offence made out in the charge sheet or in the suo moto complaint. There is no CCTV camera footage produced by the police to show that the petitioner has committed the offence or agitated. There is no independent -4- NC: 2024:KHC:47534 CRL.P No. 4632 of 2023 witnesses to say that the traffic was obstructed by the petitioner. No material has been produced to say that there was unlawful assembly as prescribed under Section 141 of IPC. Therefore, continuing the proceedings against the petitioner is abuse of process of law and it is liable to be quashed.
10. Accordingly, the criminal petition is allowed. The criminal proceedings in C.C. No.132/2018 pending on the file of Civil Judge (Sr. Dn.) and CJM Court, Hunsur, Mysuru City, arising out of Crime No.315/2017 registered by Hunsur Town Police Station, Bengaluru, is hereby quashed.
4. In the light of the order of the Coordinate Bench, I deem it appropriate to pass the following;
ORDER
(i) The Criminal Petition is allowed.
(ii) The Criminal Proceedings in C.C.No.132/2018 pending on the file of the Prl. Senior Civil Judge and JMFC, Hunsur, Mysore City, is hereby quashed.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE RU, List No.: 1 Sl No.: 485