Karnataka High Court
Irfan Ahmad Z @ Kfd Irfan vs State Byj J Nagar Police on 13 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 5913 OF 2022
C/W
CRIMINAL PETITION NOS. 552/2021,
1008/2021, 5799/2022, 5821/2022,
5832/2022 AND 5893/2022
IN CRL.P NO.5913/2022
BETWEEN:
1 . NAWAZ PASHA
S/O SHAIK MUKTIYAR,
AGED ABOUT 29 YEARS,
NO.37, 10th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA ,
BANGALORE - 560 026.
2 . MOHAMMED SHARIEFF
S/O SABULAL,
AGED ABOUT 54 YEARS,
NO.18, 10th CROSS,
PADARAYANAPURA ,
BANGALORE - 560 026.
3 . IRFAN PASHA
S/O SHAIK MUKTIYAR,
2
AGED ABOUT 30 YEARS,
NO.38/2, 10th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
4 . IRFAN PASHA
S/O MOHAMMED PEER,
AGED ABOUT 38 YEARS,
NO.27, 5th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
5 . KHALEEL AHMED
S/O NAZEER AHMED,
AGED ABOUT 41 YEARS,
NO.16, 10th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
6 . MOHAMMED SUHAIL
S/O SHAIK ZABIULLA,
AGED ABOUT 24 YEARS,
NO.22, 10th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
7 . SALMAN KHAN
S/O MOHAMMED KHAN,
AGED ABOUT 32 YEARS,
NO.36, 11th E CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
8 . AJGAR KHAN
S/O NAWAB KHAN,
AGED ABOUT 37 YEARS,
3
NO.33, 10th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
9 . SYED NASRU
S/O SYED NAZEER,
AGED ABOUT 23 YEARS,
NO.46, 10th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
10 . TOUSHIF PASHA
S/O PATTER PASHA,
AGED ABOUT 33 YEARS,
NO.12th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
11 . KHADEER AHMED
S/O KAREEM SHARIEFF,
AGED ABOUT 22 YEARS,
NO. 10th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
12 . AFROZ,
S/O PYAARE JAN,
AGED ABOUT 27 YEARS
11th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
13 . NAYAZ KHAN
S/O AMJAD KHAN,
AGED ABOUT 35 YEARS
NO.46, 10th CROSS,
PADARAYANAPURA,
4
BANGALORE - 560 026.
14 . SALEEM PASHA
S/O ANEES AHMED,
AGED ABOUT 49 YEARS
NO.27, 5th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
15 . NADEEM KHAN
S/O BABU KHAN,
AGED ABOUT 27 YEARS
8th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
16 . RIYAZ PASHA
S/O SYED MUSTAFA,
AGED ABOUT 47 YEARS
NO.22/17, 11th A CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
17 . MUJAHID PASHA
S/O ISMAIL SABIULLA,
AGED ABOUT 34 YEARS,
NO.40, 8th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
18 . YUSUF KHAN
S/O HUSSAIN KHAN,
AGED ABOUT 47 YEARS,
NO.47, 11th MAIN
10th CROSS,
15 PADARAYANAPURA,
5
BANGALORE - 560 026.
19 . MOHIN KHAN
S/O RIYAZ KHAN,
AGED ABOUT 25 YEARS,
NO.33, 8th CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
20 . IMRAN KHAN
S/O AMIR KHAN,
AGED ABOUT 37 YEARS,
5th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
21 . ZAHIR KHAN
S/O AHMED ALI KHAN,
AGED ABOUT 37 YEARS,
NO. 48, 8th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
22 . FAIROZ KHAN
S/O ANSAR KHAN,
AGED ABOUT 26 YEARS,
NO. 80, 11th B CORSS,
PADARAYANAPURA,
BANGALORE - 560 026.
23 . SYED AKRAM
S/O SYED HAFIZ,
AGED ABOUT 34 YEARS,
NO. 286, 3rd CROSS,
TIPPU NAGAR,
CHAMRAJPET,
6
BANGALORE - 560 026.
24 . NAWAZ PASHA
S/O ABDUL HAQ,
AGED ABOUT 27 YEARS,
NO. 160, 3rd CROSS,
TIPPU NAGAR,
16th CHAMARAJPET,
BANGALORE - 560 026.
25 . SADDAM
S/O MOHAMMED ZABI,
AGED ABOUT 22 YEARS,
8th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
26 . IMRAN KHAN
S/O AMJAD KHAN,
AGED ABOUT 29 YEARS,
NO. 36, 10th CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
27 . MOHAMMED MUDASIR
S/O ZAMEER AHMED,
AGED ABOUT 24 YEARS,
NO. 7, 9th CROSS, GORIPALYA,
BANGALORE - 560 026.
28 . MUBARAK
S/O ISMAIL ZABIULLA
AGED ABOUT 40 YEARS,
8th CROSS, ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
7
29 . MOHAMMED NADEEM
S/O MOHAMMED RAFEEQ
AGED ABOUT 27 YEARS,
NO.62, 1st MAIN,
4th CROSS, VALMIKI NAGAR
MYSURU ROAD,
BANGALORE - 560 026.
30 . SHAIK TABREZ PASHA
S/O ABUDL AZEER,
AGED ABOUT 28 YEARS,
NO.43, 11th D CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
31 . LIYAKATH KHAN
S/O NOORULLA KHAN,
AGED ABOUT 36 YEARS,
NO. 5, 10th CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA,
BANGALORE - 560 026.
32 . INAYTH ULLA
S/O AMEER JAN,
AGED ABOUT 52 YEARS,
NO. 42 13th A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE - 560 026.
33 . MAZHAR KHAN
S/O ASHAM KHAN
AGED ABOUT 52 YEARS,
NO.58, 13th A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA,
8
BANGALORE - 560 026.
34 . SUHAIL PASHA
S/O RIYAZ PASHA
AGED ABOUT 24 YEARS,
NO.2/4, HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE - 560 026
35 . RASHID KHAN
S/O ALLAH BAKASH
AGED ABOUT 22 YEARS,
NO.53, HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE - 560 026
36 . SUHAIL PASHA
S/O RIYAZ PASHA
AGED ABOUT 26 YEARS
NO 2/4, 13TH A CROSS
HOSHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE - 560 026.
37 . IRFAANULLA
S/O NOORULLA
AGED ABOUT 34 YEARS
18, NO.68
11TH E CROSS
PADARAYANAPURA
BANGALORE - 560 026.
38 . HAFEEZULLA KHAN
AGED ABOUT 36 YEARS
S/O LATE NOORULLA KHAN
R/AT 5/1, 10TH CROSS
PADARAYANAPURA,
BANGALORE - 560 026.
9
39 . FAYAZ PASHA
AGED ABOUT 42 YEARS
S/O MAIDEEN SHARIFF,
R/AT NO. 45,
5TH CEROSS,
ARAFATH NAGAR,
HALLIGUDDAHALLI,
PADARAYANAPURA,
BANGALORE - 560 026.
40 . IMRAN PASHA
AGED ABOUT 30 YEARS,
S/O AMJAD,
R/AT ARAFATHA MASJID ROAD,
5TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
41 . SYED ABRAR
AGED ABOUT 23 YEARS,
S/O SYED SADIQ,
R/AT 17, 8TH CORSS,
PADARAYANAPURA,
BANGALORE - 560 026.
42 . TAJ PASHA
S/O LATE ALABAKHASH,
AGED ABOUT 47 YEARS,
R/AT 48, 11TH A CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
43 . TAJUDDIN
S/O LATE NAZMEDDUIN,
AGED ABOUT 26 YEARS,
R/AT NO.2/3,
16TH A CROSS,
10
HALEGUDDADAHALLI,
BANGALORE - 19.
44 . SADIQ PASHA
S/O LATE AFZAL PASHA,
AGED ABOUT 23 YEARS,
R/AT NO.18,
13TH A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA,
BANGALORE - 560 026.
45 . NASRULLA KHAN
S/O INAYATHULLA,
AGED ABOUT 27 YEARS,
R/AT 10,11TH B CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
46 . SULEMAN KHAN
S/O ANWAR KHAN
AGED ABOUT 37 YEARS,
R/AT NO.30, 5TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
47 . RIZWAN PASHA
S/O MOHAMMED PEER,
AGED ABOUT 32 YEARS,
R/AT NO.27, 5TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
48 . AFROZ
S/O RAFIQ
AGED ABOUT 22 YEARS,
MASJID ROAD,
ARAFATHNAGAR,
11
HALEGUDDAHALLI,
MYSORE ROAD,
BANGALORE - 560 019.
49 . MUBARAK PASHA
S/O IMTHIYAZ PASHA,
AGED ABOUT 29 YEARS,
R/AT ARAFATH MASJID ROAD,
6TH CORSS,
PADARAYANAPURA,
BANGALORE - 560 026.
50 . NADEEM KHAN
S/O LATE ABDUL REHMAN,
AGED ABOUT 27 YEARS,
20 R/AT NEAR ARAFATH ROAD,
7TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
51 . SALMAN KHAN
S/O SAFIULLA KHAN,
AGED ABOUT 21 YEARS,
NO.1, 9TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
52 . MOHAMMED ZABI
S/O BASHEER AHMED,
AGED ABOUT 49 YEARS,
NEAR ARAFATH MASJID,
ARAFATHNAGAR,
7TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
12
53 . SUHAIBULLA
S/O LATE RIYAZULLA,
AGED ABOUT 23 YEARS,
11TH A CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
54 . NASEER PASHA
S/O ALLABAKASH,
AGED ABOUT 38 YEARS,
NO 48, 11TH A CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
55 . WASEEM AHAMED
S/O LATE NAZEER AHMED,
AGED ABOUT 37 YEARS,
NO.9, 10TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
56 . NADEEM KHAN
S/O HASEENULLA KHAN,
AGEDABOUT 24 YEARS,
NO 99, 8TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
57 . AMJAD PASHA
S/O BABU,
AGED ABOUT 40 YEARS,
6TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
58 . MOHAMMED FAROOQ
S/O MOHAMMED ISAAQ
13
AGED ABOUT 36 YEARS
R/AT 5TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
59 . SYED SADIQ
S/O SHED KHALEEL
AGED ABOUT 27 YEARS,
R/AT 5TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
60 . MUBARAK PASHA
S/O ANWAR PASHA,
AGED ABOUT 38 YEARS,
R/AT NO.19, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
61 . SYED ISMAIL ZABIULLA
S/O SYED SARDAR,
AGED ABOUT 28 YEARS,
NO.33, 10TH CROSS,
ARAFATH NAGAR,
BANGALORE - 560 026.
62 . SYED SADIQ
S/O SYED SARDAR
AGED ABOUT 24 YEARS,
NO.33, 10TH CROSS,
ARAFATH ANGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
14
63 . MAHBOOB PASHA
S/O SHAIKH AHMED,
AGED ABOUT 40 YEARS,
4TH CROSS,
HALEGUDDADAHALLI,
BANGALORE - 560 026.
64 . NASRULLA
S/O IBRAHAIM
AGED ABOUT 40 YEARS,
NO.38, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
65 . SUBHAN KHAN
S/O ANWAR KHAN
AGED ABOUT 41 YEARS,
NO.20, 7TH MAIN,
5TH CROSS, ARAFATH NGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
66 . SAFIULLA KHAN
S/O NABI KHAN
AGED ABOUT 41 YEARS,
R/AT NO.1, 9TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
67 . PARVEEZ
S/O MANSOOR
AGED ABOUT 21 YEARS,
NO.17, 11TH CROSS,
ARAFATH NGAR, PADARAYANAPURA,
BANGALORE - 560 026.
...PETITIONERS
15
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA
BY. J.J NAGAR POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2 . DADA PEER
POLICE OFFICER,
AGED ABOUT 37 YEARS,
J.J. NAGAR POLICE STATION,
BENGLAURU - 560 018.
...RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
CR.NO.73/2020 C.C.NO.12397/2020 OF JAGAJEEVANARAM
NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 506,
353, 332, 269, 271, 188 R/W SEC.149 OF IPC AND SEC.3, 4
OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY
ACT AND SEC.51(B) OF NATIONAL DISASTER MANAGEMENT
ACT PENDING ON THE FILE OF HONBLE COURT OF 37TH
ACMM AT BENGALURU.
16
IN CRL.P NO.552/2021
BETWEEN:
IRFAN AHAMAD Z @ KFD IRFAN
S/O ZIKRIAH AHAMAD,
AGED ABOUT 31 YEARS,
R/O 88/2, 3RD CROSS,
WEST OF PADARAYANAPURA ,
BANGALORE - 560 026.
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1 . STATE BY JJ NAGAR P.S
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2 . DADA PEER H C 9700
AGED ABOUT 35 YEARS,
J.J. NAGAR POLICE STATION,
BANGALORE - 560 018.
...RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP FOR R1;
R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CR.NO.73/2020 C.C.NO.12397/2020 FOR
JAGAJEEVANARAM NAGAR P.S., FOR THE OFFENCE
P/U/S.143, 506, 148, 147, 353, 271, 269, 188, 332 R/W
SEC.149 OF IPC AND SECTION 3 AND 4 OF PREVENTION OF
DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 AND
SECTION 51(B) OF N.D.M. ACT BY THE RESPONDENT
17
POLICE, i.e., J.J.NAGAR POLICE STATION, PENDING ON THE
FILE OF XXXVII ADDL.C.M.M., BENGALURU.
IN CRL.P NO.1008/2021
BETWEEN:
IRFAN AHAMAD Z @ KFD IRFAN
S/O ZIKRIAH AHAMAD,
AGED ABOUT 32 YEARS,
R/O 88/2, 36RD CROSS,
WEST OF PADARAYANAPURA,
BEHIND SUJATHA TENT,
BANGALORE - 560 026.
...PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1 . STATE BY JJ NAGAR POLICE
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2 . RAMAN GOWDA,
PSI,
AGED ABOUT 33 YEARS,
J.J. NAGAR POLICE STATION,
BANGALORE - 560 026.
...RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP)
18
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CR.NO.71/2020 CHARGE SHEET NOT YET
FILED FOR ALLEGED OFFENCES P/U/S.506, 147, 148, 149,
324, 332, 307, 269, 323, 201, 271, 353 OF IPC AND U/S.3,
4 OF PREVENTION OF DESTRUCTION AND LOSS OF
PROPERTY ACT, 1981 BY THE RESPONDENT POLICE I.E.JJ
NAGAR POLICE STATION, PENDING ON THE FILE OF XXXVII
ACMM AT BENGALURU.
IN CRL.P No. 5799/2022:
BETWEEN:
1. BABU
S/O BASHEER,
AGED ABOUT 60 YEARS,
NO.58/3, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
2. IMRAN
S/O ZAINAB PASHA,
AGED ABOUT 34 YEARS,
NO.59/3,10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
3. IMRAN BAIG
S/O SALEEM BAIG,
AGED ABOUT 31 YEARS,
NO.26, 9TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
19
4. MOHAMMED USMAN KHAN
S/O MOHAMMED ANWAR KHAN,
AGED ABOUT 38 YEARS,
NO.20, 5TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
5. ARIF
S/O SYED BASHIR,
AGED ABOUT 40 YEARS,
6TH CROSS, ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
6. IMTIYAZ KHAN
S/O HUSSAIN KHAN,
AGED ABOUT 50 YEARS,
NO.32, 11TH MAIN, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
7. WASIM KHAN
S/O ASHWAK KHAN,
AGED ABOUT 22 YEARS,
NO.11 CROSS, NEAR ABUBAKAR MASJID,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
8. SYED SAMIULLA
S/O SYED ABDULLA,
AGED ABOUT 40 YEARS,
NO.4, NEW NO.10, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
20
9. SADIQULLA SHARIEFF
S/O SAMIULLA SHARIEFF,
AGED ABOUT 31 YEARS,
NO.53, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
10 . NAWAZ PASHA
S/O SHAIK MUKTIYAR,
AGED ABOUT 29 YEARS,
NO.37, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
11 . MOHAMMED SHARIEFF
S/O SABULAL,
AGED ABOUT 54 YEARS,
NO.18, 10TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
12 . IRFAN PASHA
S/O SHAIK MUKTIYAR,
AGED ABOUT 40 YEARS,
NO.38/2, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
13 . IRFAN PASHA
S/O MOHAMMED PEER,
AGED ABOUT 38 YEARS,
NO.27, 5TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
21
14 . KHALEEL AHMED
S/O NAZEER AHMED,
AGED ABOUT 41 YEARS,
NO.16, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
15 . MOHAMMED SUHAIL
S/O SHAIK ZABIULLA,
AGED ABOUT 24 YEARS,
NO.22,10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
16 . SALMAN KHAN
S/O MOHAMMED KHAN,
AGED ABOUT 32 YEARS,
NO.36, 11TH E CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE-560 026.
17 . ASGAR KHAN
S/O NAWAB KHAN,
AGED ABOUT 37 YEARS,
NO.33,10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE-560026.
18 . SYED NASRU
S/O SYED NAZEER,
AGED ABOUT 23 YEARS,
NO.46, 10TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
22
19 . TOUSHIF PASHA
S/O PATTEDARI PASHA
AGED ABOUT 33 YEARS,
NO.12TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
20 . KHADEER AHMED
S/O KAREEM SHARIEFF
AGED ABOUT 22 YEARS,
NO.10TH CROSS
PADARAYANAPURA
BANGALORE-560026.
21 . AFROZ
S/O PYAARE JAN
AGED ABOUT 27 YEARS,
11TH CROSS,
14 PADARAYANAPURA
BANGALORE-560026.
22 . NAYAZ KHAN
S/O AMJAD KHAN
AGED ABOUT 35 YEARS,
NO.46 10TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
23 . SALEEM PASHA
S/O ANEES AHMED
AGED ABOUT 49 YEARS,
NO.27, 5TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
23
24 . NADEEM KHAN
S/O BABU KHAN
AGED ABOUT 27 YEARS,
8TH CROSS, PADARAYANAPURA
BANGALORE-560026.
25 . RIYAZ PASHA
S/O SYED MUSTAFA
AGED 45 YEARS,
NO.22/17, 11TH A CROSS,
PADARAYANAPURA
BANGALORE-560026.
26 . MUJAHID PASHA
S/O ISMAIL SABIULLA
AGED 34 YEARS,
NO.40, 8TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE -560 026.
27 . YUSUF KHAN
S/O HUSSAIN KHAN
AGED ABOUT 45 YEARS,
NO.47, 11TH MAIN, 10TH CROSS,
15 PADARAYANAPURA
BANGALORE-560026.
28 . MOHIN KHAN
S/O RIYAZ KHAN
AGED ABOUT 25 YEARS,
NO.33, 8TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
24
29 . IMRAN KHAN
S/O AMIR KHAN
AGED 37 YEARS,
5TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
30 . ZAHIR KHAN
S/O AHMED ALI KHAN
AGED ABOUT 31 YEARS,
NO.48, 8TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
31 . FAIROZ KHAN
S/O ANSAR KHAN
AGED ABOUT 26 YEARS,
NO.80, 11TH B CROSS,
PADARAYANAPURA
BANGALORE-560026.
32 . SYED AKRAM
S/O SYED HAFIZ
AGED ABOUT 34 YEARS,
NO.286, 3RD CROSS,
TIPPU NAGAR, CHAMARAJPET
BANGALORE-50026.
33 . NAWAZ PASHA
S/O ABDUL HAQ
AGED ABOUT 27 YEARS,
NO.160, 3RD CROSS, TIPPU NAGAR,
16 CHAMARAJPET,
BANGALORE-560026.
25
34 . SADDAM
S/O MOHAMMED ZABI
AGED ABOUT 22 YEARS,
8TH CROSS, ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
35 . IMRAN KHAN
S/O AMJAD KHAN
AGED 27 YEARS,
NO.36, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
36 . MOHAMMED MUDASIR
S/O ZAMEER AHMED
AGED ABOUT 24 YEARS,
NO.7, 9TH CROSS, GORIPALYA
BANGALORE-560026.
37 . MUBARAK
S/O ISMAIL ZABIULLA,
AGED ABOUT 40 YEARS,
8TH CROSS, ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
38 . MOHAMMED NADEEM
S/O MOHAMMED RAFEEQ
AGED ABOUT 27 YEARS,
NO.62, 1ST MAIN, 4TH CROSS
VALMIKI NAGAR, MYSORE ROAD,
BANGALORE-560026.
26
39 . SHAIK TABREZ PASHA
S/O ABDUL AZEER
AGED ABOUT 28 YEARS,
NO.43, 11TH D CROSS,
PADARAYANAPURA
BANGALORE-560026.
40 . LIYAKATH KHAN
S/O NOORULLA KHAN
AGED ABOUT 36 YEARS,
NO.5, 10TH CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
41 . INAYATH ULLA
S/O AMEER JAN
AGED ABOUT 52 YEARS,
NO.42, 13TH A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
42 . MAZHAR KHAN
S/O ASHAM KHAN
AGED ABOUT 52 YEARS,
NO.58, 13TH A CROSS
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
43 . SUHAIL PASHA
S/O RIYAZ PASHA,
AGED ABOUT 24 YEARS,
NO.2/4, HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
27
44 . RASHID KHAN
S/O ALLAH BAKASH
AGED ABOUT 22 YEARS,
NO.53, HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
45 . SUHAIL PASHA
S/O RIYAZ PASHA
AGED ABOUT 26 YEARS,
NO.2/4, 13TH A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
46 . IRFANULLA
S/O NOORULLA
AGED ABOUT 34 YEARS,
18, NO.68, 11TH E CROSS,
PADARAYANAPURA
BANGALORE-560026.
47 . HAFEEZULLA KHAN
AGED ABOUT 36 YEARS,
S/O LATE NOORULLA KHAN
R/AT NO.5/1, 10TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
48 . FAYAZ PASHA
AGED ABOUT 4 YEARS,
S/O MAIDEEN SHARIEF
R/AT NO.45, 5TH CROSS,
ARAFATH NAGAR,
HALIGUDDAHALLI,
PADARAYANAPURA
BANGALORE-560026.
28
49 . IMARAN PASHA
AGED ABOUT 30 YEARS,
S/O AMJAD
R/AT ARAFATH MASJID ROAD,
5TH CROSS, PADARAYANAPURA,
BANGALORE-560026.
50 . SYED ABRAR
AGED ABOUT 22 YEARS,
S/O SYED SADIQ
R/AT NO.17, 8TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
51 . TAJ PASHA
S/O LATE ALABAKHASH
AGED ABOUT 47 YEARS,
R/AT NO.48, 11TH A CROSS,
PADARAYANAPURA
BANGALORE-560026.
52 . TAJUDDIN
S/O LATE NAZEMUDDIN
AGED ABOUT 26 YEARS,
R/AT NO.2/3, 16TH A CROS,
HALEGUDDADAHALLI,
BANGALORE-19.
53 . SADIQ PASHA
S/O LATE AFZAL PASHA
AGED ABOUT 23 YEARS,
R/AT NO.18, 13TH A CROSS,
HOSAHALLI MAIN ROAD,
PADARAYANAPURA
BANGALORE-560026.
29
54 . NASRULLA KHAN
S/O INNAYATHULLA
AGED ABOUT 27 YEARS,
R/AT NO.10, 11TH B CROSS,
PADARAYANAPURA
BANGALORE-560026.
55 . SULEMAN KHAN
S/O LATE ANWAR KHAN
AGED ABOUT 37 YEARS,
R/AT NO.30 5TH CROSS
PADARAYANAPURA
BANGALORE-560026.
56 . RIZWAN PASHA
S/O MOHAMMED PEER
AGED ABOUT 32 YEARS,
R/AT NO.27 5TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
57 . AFROZ
S/O RAFIQ
AGED ABOUT 21 YEARS,
R/AT ABUBAKAR
MASJID ROAD,ARAFATHNAGAR,
HALEGUDDAHALLI, MYSORE ROAD,
BANGALORE-500019.
58 . MUBARAK PASHA
S/O IMTHIYAZ PASHA
AGED ABOUT 29 YEARS,
R/AT ARAFATH MASJID ROAD,
6TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
30
59 . NADEEM KHAN
S/O LATE ABDUL REHMAN
AGED ABOUT 27 YEARS,
20 R/AT NEAR ARAFATH MASJID
7TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
60 . SALMAN KHAN
S/O SAIFULLA KHAN
AGED ABOUT 21 YEARS,
NO.1, 9TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
61 . MOHAMMED ZABI
S/O BASHEER AHMED
AGED ABOUT 49 YEARS,
NEAR ARAFATH MASJID
ARAFATHNAGAR, 7TH CROSS,
PADARAYANAPURA
BANGALORE-560026.
62 . SUHAIBULLA
S/O LATE RIYAZULLA
AGED ABOUT 21 YEARS,
11TH A CROSS,
PADARAYANAPURA
BANGALORE-560026.
63 . NASEER PASHA
S/O ALLABAKASH
AGED ABOUT 38 YEARS,
NO.48, 11TH A CROSS
PADARAYANAPURA
BANGALORE-560026.
31
64 . WASEEM AHMED
S/O LATE NAZEER AHMED
AGED ABOUT 37 YEARS,
NO.9, 10TH CROSS
PADARAYANAPURA
BANGALORE-560026.
65 . NADEEM KHAN
S/O HASEENULLA KHAN
AGED ABOUT 24 YEARS,
NO.99, 8TH CROSS
PADARAYANAPURA
BANGALORE-560026.
66 . AMJAD PASHA
S/O BABU
AGED ABOUT 40 YEARS,
6TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
67 . MOHAMMED FAROOQ
S/O MOHAMMED ISAAQ
AGED ABOUT 36 YEARS,
R/AT 5TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
68 . SYED SADIQ
S/O SHED KHALEEL
AGED ABOUT 27 YEARS,
R/AT 5TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
32
69 . MUBARAK PASHA
S/O ANWAR PASHA
AGED ABOUT 40 YEARS,
R/AT NO.19, 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
70 . SYED ISMAIL ZABIULLA
S/O SYED SARDAR
AGED ABOUT 30 YEARS,
NO33, 10TH CROSS,
ARAFATH NAGAR,
BANGALORE-560026.
71 . SYED SADIQ
S/O SYED SARDAR
AGED ABOUT 26 YEARS,
NO.33, 10TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
72 . MAHBOOB PASHA
S/O SHAIKH AHMED
AGED ABOUT 42 YEARS,
4TH CROSS, HALEGUDDADAHALLI
BANGALORE-560026.
73 . NASRULLA
S/O IBRAHIM
AGED ABOUT 42 YEARS,
NO.38, 10TH CROSS,
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
33
74 . SUBHAN KHAN
S/O ANWAR KHAN
AGED ABOUT 43 YEARS,
NO.20, 7TH MAIN,
5TH CROSS
ARAFATH NAGAR,
PADARAYANAPURA
BANGALORE-560026.
75 . SAIFULLA KHAN
S/O NABI KHAN
AGED ABOUT 43 YEARS,
R/AT NO.1, 9TH CROSS,
PADARAYANAPURA,
BANGALORE - 560 026.
76 . PARVEEZ
S/O MANSOOR,
AGED ABOUT 23 YEARS,
NO.17, 11TH CROSS,
ARAFATH NAGAR,
PADARAYANAPURA,
BANGALORE - 560 026.
...PETITIONERS
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY J J NAGAR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
2. GAJENDRA HC 5390
AGED ABOUT 46 YEARS
34
J.J.NAGAR POLICE STATION
BANGALORE-560026.
...RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDL SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
CR.NO.72/2020 C.C.NO.12821/2020 OF JAGAJEEVANRAM
NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 353,
332, 506, 269, 271, 188 R/W SEC.149 OF IPC AND SEC.3, 4
OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY
ACT SEC.51(B) OF NDM ACT PENDING ON THE FILE OF THE
HONBLE COURT OF 37TH ACMM AT BENGALURU.
IN CRL.P No. 5821/2022:
BETWEEN:
1 . AMEER AMJAD
S/O MUSTAK
AGED ABOUT 25 YEARS
7TH CROSS
PADARAYANAPURA
BANGALORE-560026.
2 . AKBAR KHAN
S/O VAZEER KHAN
AGED ABOUT 35 YEARS
7TH CROSS, ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
3 . SIDDIK PASHA
S/O AKRAM PASHA
AGED ABOUT 20 YEARS
C/O SHATAJA HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
35
BANGALORE-560026.
4 . AKRAM PASHA
S/O HASSAN FAYAZ
AGED ABOUT 49 YEARS
C/O SHATAJA HOUSE
2ND MAIN ARAFATH NAGAR 3
PADARAYANAPURA WEST
BANGALORE-560026.
5 . SAIF PASHA
S/O AKRAM PASHA
AGED ABOUT 26 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
6 . HASSAN FAYAZ
S/O AKRAM PASHA
AGED ABOUT 24 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
7 . IMRAN PASHA
S/O SIRAJ PASHA
AGED ABOUT 34 YEARS
C/O SHATAJA HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
8 . JABIULLA
S/O SYED IBRAHIM
AGED ABOUT 45 YEARS
NO.27 10TH CROSS
36
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
9 . MOHAMMED AFSAN
S/O NIZAMUDDIN
AGED ABOUT 22 YEARS
NO.33 9TH CROSS
ARAFATH NAGAR 4
PADARAYANAPURA WEST
BANGALORE-560026.
10 . NAYAZULLA
S/O JABIULLA
AGED ABOUT 50 YEARS
NO.36 9TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
11 . FIROZ
S/O VAZEER AHMED
AGED ABOUT 30 YEARS
NEAR ABUBAKAR MASJID
PADARAYANAPURA
BANGALORE-560026.
12 . HUSSAIN
S/O IMAM SAAB
AGED 52 YEARS
NEAR MADINA HOTEL
OLD GUDDADAHALLI
BANGALORE-560026.
13 . IRFAN
S/O NAYAZ ULLA
AGED ABOUT 23 YEARS
37
NO.16 11TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
14 . JAFAR KHAN
S/O ZAFRULLA KHAN
AGED ABOUT 19 YEARS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
15 . SYED NAYEEM
S/O SYED BABA
AGED ABOUT 21 YEARS
5, 13TH A CROSS
GORIPALYA
PADARAYANAPURA
BANGALORE-560026.
16 . FIROZ
S/O ABDUL RAVOOF
AGED ABOUT 39 YEARS
11TH CROSS,COTTONPET
NEAR DARGHA
BANGALORE-560026.
17 . AKRAM
S/O CHAND PASHA
AGED ABOUT 31 YEARS
11TH CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
18 . SHAIK PARVEEZ
S/O SHAIK PEER
38
AGED ABOUT 26 YEARS
11TH E CROSS,
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
19 . RIZWAN PASHA
S/O CHAND PASHA
AGED ABOUT 20 YEARS
11TH CROSS,
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
20 . ANWAR PASHA
S/O MAHABOOB
AGED ABOUT 28 YEARS
8TH CROSS GORIPALYA
PADARAYANAPURA
BANGALORE-560026.
21 . RAHIL PASHA
S/O ARIF PASHA
AGED ABOUT 31 YEARS
NO.4 11TH CROSS
6 BALA SHETTY BOUNDARY
PADARAYANAPURA
BANGALORE-560026.
22 . INAYATH
S/O MUSTAFA
AGED ABOUT 26 YEARS
NEAR SUJATHA TALKIES
OLD GUDDADAHALLI
BANGALORE-560026.
23 . MUJAHID PASHA
S/O ARIF PASHA
39
AGED ABOUT 35 YEARS
NO.5/1 11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
24 . NAFEEZ
S/O MUNAWAR
AGED ABOUT 29 YEARS
11TH CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
25 . SANAULLA
S/O ABBAS
AGED ABOUT 39 YEARS
11TH CROSS,
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE-560026.
26 . AFROZ PASHA
S/O NOORULLA SAB
AGED ABOUT 24 YEARS
11TH CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE-560026.
27 . SADIQ
S/O MOHAMMED KHAN
AGED ABOUT 27 YEARS
NO.32 9TH MAIN
PADARAYANAPURA
BANGALORE-560026.
28 . SYED SHOIB
S/O SYED SHABBIR
40
AGED ABOUT 21 YEARS
NO.4/1 7TH CROSS
VINAYAKA NAGAR
GUDDADAHALLI
BANGALORE-560026.
29 . SANAULLA
S/O SAMIULLA
AGED ABOUT 36 YEARS
NO.1/1 7TH CROSS
VINAYAKA NAGAR
BANGALORE-560026.
30 . HABIB PASHA @ ABIB PASHA
S/O AMANULLA
AGED ABOUT 25 YEARS
NO.27, 11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
31 . IMRAN
S/O AMANULLA
AGED ABOUT 34 YEARS
11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
32 . JAFAR SADIQ
S/O SHAIK NASIR
AGED ABOUT 20 YEARS
NO.2 7TH B CROSS
OLD GUDDDAHALLI
BANGALORE-560026.
33 . HAFIZ KHAN
S/O ABDUL SATTAR KHAN
AGED ABOUT 36 YEARS
NO.28 11TH CROSS
41
PADARAYANAPURA
BANGALORE-560026.
34 . MUNNA SHAIK
S/O MUJA SHAIK
AGED ABOUT 28 YEARS
NO.1/1 7TH CROSS
VINAYAKA NAGAR
BANGALORE-560026.
35 . MOHSIN KHAN
S/O AMANULLA
AGED ABOUT 28 YEARS
NO.14/2 11TH E CROSS
OLD GUDDADHALLI
BANGALORE-560026.
36 . JAVID
S/O SHAIK SAHAUDDIN
AGED ABOUT 38 YEARS
NO.2 7TH B CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
37 . SYED @ SYED FAZLU
S/O SYED PASHA
AGED ABOUT 33 YEARS
NO.43 11TH E CROSS
PADARAYANAPURA
BANGALORE-560026.
38 . AKRAM KHAN
S/O AMANULLA
AGED ABOUT 34 YEARS
NO.8/3 11TH E CROSS
PADARAYANAPURA
BANGALORE-560026.
42
39 . AJAZ
S/O ZIAULLA
AGED ABOUT 29 YEARS
NO.5 ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
40 . SYED BABA
S/O SYED AMEER
AGED ABOUT 50 YEARS
C/O ILLYAZ HOUSE
7TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
41 . MANSOOR PASHA
S/O AMEER PASHA
AGED ABOUT 22 YEARS
NO.26 11TH B CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
42 . IRFAN
S/O NAYAZULLA
AGED ABOUT 19 YEARS
NO.16 11TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
43 . SYED SHABBIR
S/O SYED AZEEZ
AGED ABOUT 49 YEARS
NO.4/1 7TH CROSS
10 VINAYAKA NAGAR
OLD GUDDADAHALLI
BANGALORE-560026.
43
44 . MOHAMMED SHABAZ
S/O UBAID UR RAHMAN
AGED ABOUT 30 YEARS
NO.34, 9TH CROSS
PADARAYANAPURA
BANGALORE-560026.
45 . MOHAMMED YASIN
S/O MOHAMMED KHASIM
AGED ABOUT 22 YEARS
NO.35 5TH CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
46 . BABU
S/O BASHEER
AGED ABOUT 58 YEARS
NO.58/3 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
47 . IMRAN
S/O ZAINAB PASHA
AGED ABOUT 32 YEARS
NO.59/3, 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
48 . IMRAN BAIG
S/O SALEEM BAIG
AGED ABOUT 29 YEARS
NO.26 9TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
44
49 . MOHAMMED USMAN KHAN
S/O MOHAMMED ANWAR KHAN
AGED ABOUT 36 YEARS
NO.20 5TH CROSS
PADARAYANAPURA
BANGALORE-560026.
50 . ARIF
S/O SYED BASHIR
AGED ABOUT 38 YEARS
6TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
51 . IMTIYAZ KHAN
S/O HUSSAIN KHAN
AGED ABOUT 48 YEARS
NO.32 11TH MAIN 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
52 . WASIM KHAN
S/O ASHWAK KHAN
AGED ABOUT 20 YEARS
NO.11 CROSS NEAR
ABUBAKAR MASJID
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
53 . SYED SAMIULLA
S/O SYED ABDULLA
AGED ABOUT 38 YEARS
NO.4 NEW NO.10 10TH CROSS
ARAFATH NAGAR
45
PADARAYANAPURA
BANGALORE-560026.
54 . SADIQULLA SHARIEFF
S/O SAMIULLA SHARIEFF
AGED ABOUT 29 YEARS
NO.53 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
55 . PARVEEZ
S/O MANSOOR
AGED ABOUT 21 YEARS
NO.17 11TH CROSS,
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
...PETITIONERS
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY J. J. NAGAR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BANGALORE-560001.
2. YOGESH M C
AGED ABOUT 47 YEARS
OCCUPATION DOCTOR
CHAMARAJAPETE
BANGALORE-560018.
...RESPONDENTS
46
(BY SRI. B.N. JAGADEESH, ADDL. SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
CR.NO.74/2020 C.C.NO.12506/2020 OF JAGAJEEVANRAM
NAGAR P.S., FOR THE OFFENCE P/U/S 143, 147, 148, 353,
332, 269, 271 R/W 149 OF IPC AND SEC.3, 4 OF
PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY
ACT AND SEC.51(B) OF NDM ACT PENDING ON THE FILE OF
THE 37th ACMM, BANGALORE.
IN CRL.P No. 5832/2022:
BETWEEN:
1 . AMEER AMJAD
S/O MUSTAK
AGED ABOUT 27 YEARS
7TH CROSS
PADARAYANAPURA
BANGALORE-560026.
2 . AKBAR KHAN
S/O VAZEER KHAN
AGED ABOUT 37 YEARS
7TH CROSS, ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
3 . SIDDIK PASHA
S/O AKRAM PASHA
AGED ABOUT 22 YEARS
C/O SHATAJA HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
47
4 . AKRAM PASHA
S/O HASSAN FAYAZ
AGED ABOUT 52 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
5 . SAIF PASHA
S/O AKRAM PASHA
AGED ABOUT 28 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
6 . HASSAN FAYAZ
S/O AKRAM PASHA
AGED ABOUT 26 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
7 . IMRAN PASHA
S/O SIRAJ PASHA
AGED ABOUT 36 YEARS
C/O SHATAJ HOUSE
2ND MAIN ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
8 . JABIULLA
S/O SYED IBRAHIM
AGED ABOUT 47 YEARS
NO.27 10TH CROSS
ARAFATH NAGAR
48
PADARAYANAPURA WEST
BANGALORE-560026.
9 . MOHAMMED AFSAN
S/O NIZAMUDDIN
AGED ABOUT 24 YEARS
NO.33 9TH CROSS
ARAFATH NAGAR 4
PADARAYANAPURA WEST
BANGALORE-560026.
10 . NAYAZULLA
S/O JABIULLA
AGED ABOUT 52 YEARS
NO.36 9TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
11 . FIROZ
S/O VAZEER AHMED
AGED ABOUT 32 YEARS
NEAR ABUBAKAR MASJID
PADARAYANAPURA
BANGALORE-560026.
12 . HUSSAIN
S/O IMAM SAAB
AGED 54 YEARS
NEAR MADINA HOTEL
OLD GUDDADAHALLI
BANGALORE-560026.
13 . IRFAN
S/O NAYAZ ULLA
AGED ABOUT 25 YEARS
NO.16 11TH CROSS
ARAFATH NAGAR
49
PADARAYANAPURA WEST
BANGALORE-560026.
14 . JAFAR KHAN
S/O ZAFRULLA KHAN
AGED ABOUT 22 YEARS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
15 . SYED NAYEEM
S/O SYED BABA
AGED ABOUT 23 YEARS
5, 13TH A CROSS
GORIPALYA
PADARAYANAPURA
BANGALORE-560026.
16 . FIROZ
S/O ABDUL RAVOOF
AGED ABOUT 41 YEARS
11TH CROSS,COTTONPET
NEAR DARGHA
BANGALORE-560026.
17 . AKRAM
S/O CHAND PASHA
AGED ABOUT 33 YEARS
11TH CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
18 . SHAIK PARVEEZ
S/O SHAIK PEER
AGED ABOUT 28 YEARS
11TH E CROSS,
OLD GUDDADAHALLI
50
PADARAYANAPURA
BANGALORE-560026.
19 . RIZWAN PASHA
S/O CHAND PASHA
AGED ABOUT 22 YEARS
11TH CROSS, OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
20 . ANWAR PASHA
S/O MAHABOOB
AGED ABOUT 30 YEARS
8TH CROSS GORIPALYA
PADARAYANAPURA
BANGALORE-560026.
21 . RAHIL PASHA
S/O ARIF PASHA
AGED ABOUT 33 YEARS
NO.4 11TH CROSS
BALA SHETTY BOUNDARY
PADARAYANAPURA
BANGALORE-560026.
22 . INAYATH
S/O MUSTAFA
AGED ABOUT 28 YEARS
NEAR SUJATHA TALKIES
OLD GUDDADAHALLI
BANGALORE-560026.
23 . MUJAHID PASHA
S/O ARIF PASHA
AGED ABOUT 37 YEARS
NO.5/1 11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
51
24 . NAFEEZ
S/O MUNAWAR
AGED ABOUT 32 YEARS
11TH CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE-560026.
25 . SANAULLA
S/O ABBAS
AGED ABOUT 42 YEARS
11TH CROSS, HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE-560026.
26 . AFROZ PASHA
S/O NOORULLA SAB
AGED ABOUT 26 YEARS
11TH CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE-560026.
27 . SADIQ
S/O MOHAMMED KHAN
AGED ABOUT 29 YEARS
NO.32 9TH MAIN
PADARAYANAPURA
BANGALORE-560026.
28 . SYED SHOIB
S/O SYED SHABBIR
AGED ABOUT 23 YEARS
NO.4/1 7TH CROSS
VINAYAKA NAGAR
GUDDADAHALLI
BANGALORE-560026.
52
29 . SANAULLA
S/O SAMIULLA
AGED ABOUT 36 YEARS
NO.1/1 7TH CROSS
VINAYAKA NAGAR
BANGALORE-560026.
30 . HABIB PASHA @ ABIB PASHA
S/O AMANULLA
AGED ABOUT 27 YEARS
NO.27, 11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
31 . IMRAN
S/O AMANULLA
AGED ABOUT 36 YEARS
11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
32 . JAFAR SADIQ
S/O SHAIK NASIR
AGED ABOUT 22 YEARS
NO.2 7TH B CROSS
OLD GUDDDAHALLI
BANGALORE-560026.
33 . HAFIZ KHAN
S/O ABDUL SATTAR KHAN
AGED ABOUT 38 YEARS
NO.28 11TH CROSS
PADARAYANAPURA
BANGALORE-560026.
53
34 . MUNNA SHAIK
S/O MUJA SHAIK
AGED ABOUT 30 YEARS
NO.1/1 7TH CROSS
VINAYAKA NAGAR
BANGALORE-560026.
35 . MOHSIN KHAN
S/O AMANULLA
AGED ABOUT 30 YEARS
NO.14/2 11TH E CROSS
OLD GUDDADHALLI
BANGALORE-560026.
36 . JAVID
S/O SHAIK SAHAUDDIN
AGED ABOUT 40 YEARS
NO.2 7TH B CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
37 . SYED @ SYED FAZLU
S/O SYED PASHA
AGED ABOUT 35 YEARS
NO.43 11TH E CROSS
PADARAYANAPURA
BANGALORE-560026.
38 . AKRAM KHAN
S/O AMANULLA
AGED ABOUT 36 YEARS
NO.8/3 11TH E CROSS
PADARAYANAPURA
BANGALORE-560026.
54
39 . AJAZ
S/O ZIAULLA
AGED ABOUT 32 YEARS
NO.5 ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
40 . SYED BABA
S/O SYED AMEER
AGED ABOUT 52 YEARS
C/O ILLYAZ HOUSE
7TH CROSS, ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
41 . MANSOOR PASHA
S/O AMEER PASHA
AGED ABOUT 24 YEARS
NO.26 11TH B CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
42 . IRFAN @ MOHIN PASHA
S/O NAYAZULLA @ GOUSE
AGED ABOUT 22 YEARS
OLD R/AT NO.16 11TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE-560026.
PRESENT R/AT 9TH CROSS
ARAFATH NAGAR
BANGALORE-560026.
43 . SYED SHABBIR
S/O SYED AZEEZ
AGED ABOUT 51 YEARS
NO.4/1 7TH CROSS
10 VINAYAKA NAGAR
55
OLD GUDDADAHALLI
BANGALORE-560026.
44 . MOHAMMED SHABAZ
S/O UBAID UR RAHMAN
AGED ABOUT 32 YEARS
NO.34, 9TH CROSS
PADARAYANAPURA
BANGALORE-560026.
45 . MOHAMMED YASIN
S/O MOHAMMED KHASIM
AGED ABOUT 24 YEARS
NO.35 5TH CROSS
OLD GUDDADAHALLI
BANGALORE-560026.
46 . BABU
S/O BASHEER
AGED ABOUT 60 YEARS
NO.58/3 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
47 . IMRAN
S/O ZAINAB PASHA
AGED ABOUT 34 YEARS
NO.59/3, 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
48 . IMRAN BAIG
S/O SALEEM BAIG
AGED ABOUT 31 YEARS
NO.26 9TH CROSS
ARAFATH NAGAR
56
PADARAYANAPURA
BANGALORE-560026.
49 . MOHAMMED USMAN KHAN
S/O MOHAMMED ANWAR KHAN
AGED ABOUT 38 YEARS
NO.20 5TH CROSS
PADARAYANAPURA
BANGALORE-560026.
50 . ARIF
S/O SYED BASHIR
AGED ABOUT 40 YEARS
6TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
51 . IMTIYAZ KHAN
S/O HUSSAIN KHAN
AGED ABOUT 50 YEARS
NO.32 11TH MAIN 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
52 . WASIM KHAN
S/O ASHWAK KHAN
AGED ABOUT 22 YEARS
NO.11 CROSS NEAR
ABUBAKAR MASJID
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
53 . SYED SAMIULLA
S/O SYED ABDULLA
AGED ABOUT 40 YEARS
57
NO.4 NEW NO.10 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
54 . SADIQULLA SHARIEFF
S/O SAMIULLA SHARIEFF
AGED ABOUT 32 YEARS
NO.53 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
55 . PARVEEZ
S/O MANSOOR
AGED ABOUT 23 YEARS
NO.17 11TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026.
...PETITIONERS
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY J. J. NAGAR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA
BANGALORE-560001.
2. VENKATESH Y.T. (H.C. 9483)
OCC- POLICE OFFICER
AGED ABOUT 36 YEARS
J.J. NAGAR POLICE STATION
BANGALORE- 560026.
...RESPONDENTS
58
(BY SRI. B.N. JAGADEESH, ADDL. SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
CR.NO.70/2020, C.C.NO.12477/2020 OF JAGAJEEVANRAM
NAGAR POLICE STATION, FOR THE OFFENCE P/U/S 143,
147, 148, 353, 332, 269, 271 R/W 149 OF IPC
AND SECTION 3 AND 4 OF PREVENTION OF DESTRUCTION
AND LOSS OF PROPERTY ACT AND SECTION 51(B) OF
NATIONAL DISASTER MANAGEMENT ACT, PENDING ON THE
FILE OF XXXVII ADDL.C.M.M., BENGALURU.
IN CRL.P NO.5893/2022
BETWEEN
1. AMEER AMJAD
S/O MUSTAK
AGED ABOUT 27 YEARS
7TH CROSS PADARAYANAPURA
BANGALORE - 560026
2. AKBAR KHAN
S/O VAZEER KHAN
AGED ABOUT 37 YEARS
7TH CROSS ARAFATH NAGAR
PADAYARANAPURA WEST
BANGALORE - 560026
3. SIDDIK PASHA
S/O AKRAM PASHA
AGED ABOUT 22 YEARS
C/O SHATAJA HOUSE
2ND MIAN
ARAFATH NAGAR
PADARAYANAPURA WEST
59
BANGALORE - 560026
4. AKRAM PASHA
S/O HASSAN FAYAZ
AGED ABOUT 52 YEARS
C/O SHATAJ HOUSE 2ND MAIN
ARAFATH NAGAR 3
PADARAYANAPURA WEST
BANGALORE - 560026
5. SAIF PASHA
S/O AKRAM PASHA
AGED ABOUT 28 YEARS
C/O SHATAJ HOUSE 2ND MAIN
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
6. HASSAN FAYAZ
S/O AKRAM PASHA
AGED ABOUT 26 YEARS
C/O SHATAJ HOUSE 2ND MAIN
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
7. IMRAN PASHA
S/O SIRAJ PASHA
AGED ABOUT 36 YEARS
C/O SHATAJ HOUSE 2ND MAIN
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
8. JABIULLA
S/O SYED IBRAHIM
AGED ABOUT 47 YEARS
NO 27
60
10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
9. MHAMMED AFSAN
S/O NIZAMUDDIN
AGED ABOUT 24 YEARS
NO 33 9TH CROSS
ARAFATH NAGAR 4
PADARAYANAPURA WEST
BANGALORE - 560026
10 . NAYAZULLA
S/O JABIULLA
AGED ABOUT 52 YEARS
NO 36 9TH CROSS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
11 . FIROZ
S/O VAZEER AHMED
AGED ABOUT 32 YEARS
NEAR ABUBAKAR MASJID
PADARAYANAPURA WEST
BANGALORE - 560026
12 . HUSSAIN
S/O IMAM SAAB
AGED ABOUT 54 YEARS
NEAR MADINA HOTEL
OLD GUDDADAHALLI
BANGALORE- 560026
13 . IRFAN
S/O NAYAZULLA
AGED ABOUT 25 YEARS
NO 16 11TH CROSS
61
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
14 . JAFAR KHAN
S/O ZAFRULLA KHAN
AGED ABOUT 21 YEARS
ARAFATH NAGAR
PADARAYANAPURA WEST
BANGALORE - 560026
15 . SYED NAYEEM
S/O SYED BABA
AGED ABOUT 23 YEARS
5 13TH A CROSS GORIPALYA
PADARAYNAPURA
BANGALORE - 560026
16 . FIROZ
S/O ABDUL RAVOOF
AGED ABOUT 41 YEARS
11TH CROSS COTTONPET
NEAR DARGHA
BANGALORE - 560026
17 . AKRAM
S/O CHAND PASHA
AGED ABOUT 33 YEARS
11TH CROSS OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE - 560026
18 . SHAIK PARVEEZ
S/O SHAIK PEER
AGED ABOUT 28 YEARS
11TH E CROSS
OLD GUDDADAHALLI PADARAYANAPURA
BANGALORE - 560026
62
19 . RIZWAN PASHA
S/O CHAND PASHA
AGED ABOUT 22 YEARS
11TH CROSS CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE - 560026
20 . ANWAR PASHA
S/O MAHABOOB
AGED ABOUT 30 YEARS
8TH CROSS GORIPALYA
PADARAYANAPURA
BANGALORE - 560026
21 . RAHIL PASHA
S/O ARIF PASHA
AGED ABOUT 33 YEARS
NO 4 11TH CROSS
6 BALA SHETTY BOUNDRY
PADARAYANAPURA
BANGALORE - 560026
22 . INAYATH
S/O MUSTAFA
AGED ABOUT 28 YEARS
NEAR SUJATHA TALKIES
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE - 560026
23 . MUJAHID PASHA
S/O ARIF PASHA
AGED ABOUT 37 YEARS
NO 5/1 11TH CROSS
PADARAYANAPURA
BANGALORE - 560026
63
24 . NAFEEZ
S/OMUNAWAR
AGED ABOUT 31 YARS
11TH CROSS
OLD GUDDADAHALLI
PADARAYANAPURA
BANGALORE - 560026
25 . SANAULLA
S/O ABBAS
AGED ABOUT 42 YEARS
11TH CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE- 560026
26 . AFROZ PASHA
S/O NOORULLA SAB
AGED ABOUT 26 YEARS
11TH CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE- 560026
27 . SADIQ
S/O MOHAMMED KHAN
AGED ABOUT 29 YEARS
NO 32 9TH MAIN
PADARAYANAPURA
BANGALORE - 560026
28 . SYED SHOIB
S/O SYED SHABBIR
AGED ABOUT 23 YEARS
NO 4/1 7TH CROSS VINAYAKA NAGAR
GUDDADAHALLI
BENGALURU - 560026
64
29 . SANAULLA
S/O SAMIULLA
AGED ABOUT 38 YEARS
NO 1/1 7TH CROSS
VINAYAKA NAGAR
BANGALORE - 560026
30 . HABIB PASHA @ ABIB PASHA
S/O AMANULLA
AGED ABOUT 27 YEARS
NO 27 11TH CROSS
PADARAYANAPURA
BANGALORE - 560026
31 . IMRAN
S/O AMANULLA
AGED ABOUT 36 YEARS
11TH CROSS
PADARAYANAPURA
BANGALORE - 560026
32 . JAFAR SADIQ
S/O SHAIK NASIR
AGED ABOUT 22 YEARS
NO 2 7TH B CROSS
OLD GUDDADAHALLI
BANGALORE - 560026
33 . HAFIZ KHAN
S/O ABDUL SATTAR KHAN
AGED ABOUT 38 YEARS
NO 28
11TH CROSS
PADARAYANAPURA
BANGALORE - 560026
34 . MUNNA SHAIK
65
S/O MUJA SHAIK
AGED ABOUT 30 YEARS
NO 1/1 7TH CROSS
VINAYAKANAGAR
BENGALURU -560026
35 . MOHSIN KHAN
S/O AMANULLA
AGED ABOUT 30 YEARS
NO 14/2 11TH E CROSS
OLD GUDDADAHALLI
BANGALORE - 560026
36 . JAVID
S/O SHAIK SAHAUDDIN
AGED ABOUT 40 YEARS
NO 2 11TH B CROSS
OLD GUDDADAHALLI
BANGALORE - 560026
37 . SYED @ SYED FAZLU
S/O SYED PASHA
AGED ABOUT 35 YEAR
NO 43 11TH E CROSS
PADARAYANAPURA
BANGALORE - 560026
38 . AKRAM KHAN
S/O AMANULLA
AGED ABOUT 36 YEARS
NO 8/3 11TH E CROSS
PADARAYANAPURA
BANGALORE - 560026
39 . AJAZ
S/O ZIAULLA
AGED ABOUT 31 YEARS
NO 5 ARAFATH NAGAR
66
PADARAYANAPURA
BANGALORE - 560026
40 . SYED BABA
S/O SYED AMEER
AGED ABOUT 52 YEARS
C/O ILLYAZ HOUSE
7TH CROSS ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
41 . MANSOOR PASHA
S/O AMEER PASHA
AGED ABOUT 24 YEARS
NO 26 11TH B CROSS
OLD GUDDADAHALLI
BANGALORE - 560026
42 . IRFAN
S/O NAYAZULLA
AGED ABOUT 22 YEARS
NO 16 11TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
43 . SYD SHABBIR
S/O SYED AZEEZ
AGED ABOUT 51 YEARS
NO 4/1 7TH CROSS 10
VINAYAKA NAGAR OLD GUDDADAHALLI
BANGALORE - 560026
44 . MOHAMMED SHABAZ
S/O UBAID UR RAHMAN
AGED ABOUT 32 YEARS
NO 34 9TH ARAFATH NAGAR
PADARAYANAPURA
67
BANGALORE - 560026
45 . MOHAMMED YASIN
S/O MOHAMMED KHASIM
AGED ABOUT 24 YEARS
NO 35 5TH CROSS OLD GUDDADAHALLI
BANGALORE- 560026
46 . BABU
S/O BASHEER
AGED ABOUT 60 YEARS
NO 58/3 10TH ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
47 . IMRAN
S/O ZAINAB PASHA
AGED ABOUT 34 YEARS
NO 59/3 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
48 . IMRAN BAIG
S/O SALEEM BAIG
AGED ABOUT 32 YEARS
NO 26 9TH ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
49 . MOHAMMED USMAN KHAN
S/O MOHAMMED ANWAR KHAN
AGED ABOUT 38 YEARS
NO.20 5TH CROSS
PADARAYANAPURA
BANGALORE - 560026
50 . ARIF
68
S/O SYED BASHIR
AGED ABOUT 40 YEARS
6TH CROSS ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
51 . IMTIYAZ KHAN
S/O HUSSAIN KHAN
AGED ABOUT 50 YEARS
NO 32 11TH MAIN 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
52 . WASIM KHAN
S/O ASHWAK KHAN
AGED ABOUT 22 YEARS
NO.11 CROSS,
NEAR ABUBAKAR MASJID ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
53 . SYED SAMIULLA
S/O SYED ABDULLA
AGED ABOUT 40 YEARS
NO 04,
NEW NO 10
10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
54 . SADIQULLA SHARIEFF
S/O SAMIULLA SHARIEFF
AGED ABOUT 32 YEARS
NO 53,
10TH CROSS ARAFATH NAGAR
PADARAYANAPURA
69
BANGALORE - 560026
55 . NAWAZ PASHA
S/O SHAIK MUKTIYAR
AGED ABOUT 29 YEARS
NO 37 10TH CROSS ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
56 . MOHAMMED SHARIEFF
S/O SABULAL
AGED ABOUT 54 YEARS
NO 19 10TH CROSS PADARAYANAPURA
BANGALORE - 560026
57 . IRFAN PASHA
S/O SHAIK MUKTIYAR
AGED ABOUT 30 YEARS
NO 38/2 10TH ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
58 . SYED IRFAN PASHA
S/O MOHAMMED PEER
AGED ABOUT 38 YEARS
NO 27 5TH CROSS
PADARAYANAPURA
BANGALORE - 560026
59 . KHALEEL AHMED
S/O NAZER AHMED
AGED ABOUT 42 YEARS
NO 16 10TH CROSS
PADARAYANAPURA
BANGALORE - 560026
60 . MOHAMMED SUHAIL
S/O SHAIK ZABIULLA
70
AGED ABOUT 24 YEARS
N0 22 10TH CROSS
PADARAYANAPURA
BANGALORE - 560026
61 . SALMAN KHAN
S/O MOHAMMED KHAN
AGED ABOUT 32 YEARS
NO 36 11TH CROSS ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
62 . ASGAR KHAN
S/O NAWAB KHAN
AGED ABOUT 37 YEARS
NO 33 10TH CROSS ARAFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
63 . SYED NASRU
S/O SYED NAZEER
AGED ABOUT 23 YEARS
NO 46 10TH CROSS
PADARAYANAPURA
BANGALORE - 560026
64 . TOUSHIF PASHA
S/O PATTEDARI PASHA
AGED ABOUT 33 YEARS
NO 12TH CROSS
PADARAYANAPURA
BANGALORE - 560026
65 . KHADEER AHMED
S/O KAREEM SHARIEFF
AGED ABOUT 22 YEARS
NO 10TH CROSS
PADARAYANAPURA
71
BANGALORE - 560026
66 . AFROZ
S/O PYAARE JAN
AGED ABOUT 27 YEARS
11TH CROSS PADARAYANAPURA
BANGALORE - 560026
67 . NAYAZ KHAN
S/O AMJAD KHAN
AGED ABOUT 35 YEARS
NO 46 10TH CROSS
PADARAYANAPURA
BANGALORE - 560026
68 . SALEEM PASHA
S/O ANEES AHMED
AGED ABOUT 48 YEARS
NO 27 5TH CROSS ARFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
69 . NADEEM KHAN
S/O BABU KHAN
AGED ABOUT 27 YEARS
8TH CROSS PADARAYANAPURA
BANGALORE - 560026
70 . RIYAZ PASHA
S/O SYED MUSTAFA
AGED ABOUT 45 YEARS
NO 22/17 11TH A CROSS
PADARAYANAPURA
BANGALORE - 560026
71 . MUJAHID PASHA
S/O ISMAIL SABIULLA
AGED ABOUT 34 YEARS
NO 40 8TH CROSS ARFATH NAGAR
72
PADARAYANAPURA
BANGALORE - 560026
72 . YUSUF KHAN
S/O HUSSAIN KHAN
AGED ABOUT 45 YEARS
NO 47 11TH MAIN 10TH CROSS
PADARAYANAPURA
BANGALORE - 560026
73 . MOHIN KHAN
S/O RIYAZ KHAN
AGED ABOUT 25 YEARS
NO 33 8TH CROSS
PADARAYANAPURA
BANGALORE - 560026
74 . IMRANKHAN
S/O AMIR KHAN
AGED ABOUT 37 YEARS
5TH CROSS ARFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
75 . ZAHIR KHAN
S/O AHMED ALI KHAN
AGED ABOUT 31 YEARS
NO 48 8TH CROSS ARFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
76 . FAIROZ KHAN
S/O ANSAR KHAN
AGED ABOUT 26 YEARS
NO 80 11TH B CROSS
PADARAYANAPURA
BANGALORE - 560026
73
77 . SYED AKRAM
S/O SYED HAFIZ
AGED ABOUT 34 YEARS
NO 286 3RD CROSS TIPPU NAGAR
CHAMRAJPET
BENGALURU - 560026
78 . NAWAZ PASHA
S/O ABDUL HAQ
AGED ABOUT 27 YEARS
NO.160, 3RD CROSS
TIPPU NAGAR 16 CHAMRAJPET
BANGALORE - 560026
79 . SADDAM
S/O MOHAMMED ZABI
AGED ABOUT 22 YEARS
8TH CROSS ARFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
80 . IMRAN KHAN
S/O AMJAD KHAN
AGED ABOUT 29 Y EARS
NO 36 10TH CROSS ARFATH NAGAR
PADARAYANAPURA
BANGALORE - 560026
81 . MOHAMMED MUDASIR
S/O ZAMEER AHMED
AGE ABOUT 24 YEARS
NO 7 9TH CROSS GORIPALYA
BANGALORE - 560026
82 . MUBARAK
S/O ISMAIL ZABIULLA
AGED ABOUT 40 YEARS
8TH CROSS ARFATH NAGAR
PADARAYANAPURA
74
BANGALORE - 560026
83 . MOHAMMEED NADEEM
S/O MOHAMMED RAFEEQ
AGED ABOUT 25 YEARS
NO.62 1ST MAIN 4TH CROSS
VALMIKI NAGAR
MYSORE ROAD
BANGALORE - 560026
84 . SHAIK TABREZ PASHA
S/O ABDUL AZEER
AGED ABOUT 26 YEARS
NO 43 11TH D CROSS
PADARAYANAPURA
BANGALORE - 560026
85 . YAKATH KHAN
S/O NOORULLA KHAN
AGED ABOUT 36 YEARS
NO.05, 10TH CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE - 560026
86 . INAYATH ULLA
S/O AMEER JAN
AGED ABOUT 52 YEARS
NO 42,
13TH A CROSS
HOSAHALLI MAIN RAOD
PADARAYANAPURA
BANGALORE - 560026
87 . MAZHAR KHAN
S/O ASHAM KHAN
AGED ABOUT 52 YEARS
NO 58 13TH A CROSS
75
HOSAHALLI MAIN RAOD
PADARAYANAPURA
BANGALORE - 560026
88 . SUHAIL PASHA
S/O RIYAZ PASHA
AGED ABOUT 24 YEARS
NO 2/4 HOSAHALLI MAIN RAOD
PADARAYANAPURA
BANGALORE - 560026
89 . RASHID KHAN
S/O ALLAH BAKASH
AGED ABOUT 22 YEARS
NO 53 HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE - 560026
90 . SUHAIL PASHA
S/O RIYAZ PASHA
AGED 26 YEARS
NO 2/4 13TH A CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE - 560026
91 . IRFANULLA
S/O NOORULLA
AGED ABOUT 34 YEARS
18 NO 68 11TH E CROSS
PADARAYANAPURA
BANGALORE - 560026
92 . HAFEEZULLA KHAN
AGED 36 YEARS
S/O LATE NOORULLA KHAN
R/AT NO 5/1 10TH CROSS
PADARAYANAPURA
76
BANGALORE - 560026
93 . FAYAZ PASHA
AGED ABOUT 40 YEARS
S/O MAIDEEN SHARIEF
R/AT NO.47
5TH CROSS ARAFATH NAGAR
HALLIGUDDAHALLI
PADARAYANAPURA
BANGALORE - 560026
94 . IMRAN PASHA
AGED ABOUT 30 YEARS
S/O AMJAD
R/AT ARAFATH MASJID ROAD
5TH CROSS
PADARAYANAPURA
BANGALORE - 560026
95 . SYED ABRAR
AGED ABOUT 33 YEAR S
S/O SYED SADIQ
R/AT N0 17 8TH CROSS
PADARAYANAPURA
BANGALORE - 560026
96 . TAJ PASHA
S/O LATE ALABAKHASH
AGE ABOUT 47 YEARS
R/AT NO 48
11TH A CROSS
PADARAYANAPURA
BANGALORE - 560026
97 . TAJUDDIN
S/O LATE NAZEMUDDIN
AGED ABOUT 26 YEARS
R/ATNO 2/3 16TH A CROSS
77
HALEGUDDADHALLI
BANGALORE - 19
98 . SADIQ PASHA
S/O LATE AFZAL PASHA
AGED ABOUT 23 YEARS,
R/AT NO.18 13TH A CROSS
HOSAHALLI MAIN ROAD
PADARAYANAPURA
BANGALORE-560026
99 . NASRULLA KHAN
S/O INAYATHULLA
AGED ABOUT 27 YEARS,
R/AT NO.10 11TH B CROSS
PADARAYANAPURA
BANGALORE-560026
100 . SULEMAN KHAN
S/O LATE ANWAR KHAN
AGED ABOUT 37 YEARS,
R/AT NO.30 5TH CROSS
PADARAYAANPURA
BANGALORE -560026
101 . RIZWAN PASHA
S/OMOHAMMED PEER
AGED ABOUT 32 YEARS,
R/AT NO.27 5TH CROSS
PADARAYANAPURA
BANGALORE-560026
102 . AFROZ
S/O RAFIQ
AGED ABOUT 22 YEARS,
R/AT ABUBAKAR MASJID ROAD
ARAFATHNAGAR
HALEGUDDAHALLI
78
MYSORE ROAD
BANGALORE -560019
103 . MUBARAK PASHA
S/O IMTHIYAZ PASHA
AGED ABOUT 29 YEARS,
R/AT ARAFATH MASJID ROAD
6TH CROSS ROAD
PADARAYANAPURA
BANGALORE-560026
104 . NADEEM KHAN
S/O LATE ABDUL REHMAN
AGED ABOUT 27 YEARS,
RA/T NEAR ARAFATH MASJID
7TH CROSS
PADARAYANAPRUA
BANGALORE -560026
105 . SALMAN KHAN
S/O SAIFULLA KHAN
AGED ABOUT 221 YEARS,
NO.1 9TH CROSS
PADARAYANAPURA
BANGALORE -560026
106 . MOHAMMED ZABI
S/O BASHEER AHMED
AGED ABOUT 49 YEARS,
NEAR ARAFATH MASJID
ARAFATHNAGAR
7TH CROSS
PADARAYANAPUA
BANGALORE-560026
107 . SUHAIBULLA
S/O LATE RIYAZULLA
AGED ABOUT 23 YEARS
79
11TH A CROSS
PADARAYANAPURA
BANGALORE-560026
108 . NASEER PASHA
S/O ALLABAKASH
AGED ABOUT 38 YEARS,
NO.48 11TH A CROSS
PADARAYANAPURA
BANGALORE-560026
109 . WASEEM AHMED
S/O LATE NAZEER AHMED
AGED ABOUT 37 YEARS,
NO.9 10TH CROSS
PADARAYANAPURA
BANGALORE-560026
110 . NADEEM KHAN
S/O HASEENULLA KHAN
AGED ABOUT 24 YEARS,
NO.99 8TH CROSS
PADARAYANAPURA
BANGALORE-560026
111 . AMJAD PASHA
S/O BABU
AGED ABOUT 40 YEARS,
6TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
112 . MOHAMMED FAROOQ
S/O MOHAMMED ISAAQ
AGED ABOUT 36 YEARS,
R/AT 5TH CROSS
ARAFATH NAGAR
80
PADARAYANAPURA
BANGALORE-560026
113 . SYED SADIQ
S/O SHED KHALEEL
AGED ABOUT 25 YEARS
R/AT 5TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
114 . MUBARAK PASHA
S/O ANWAR PASHA
AGED ABOUT 40 YEARS,
R/AT NO.19 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
115 . SYED ISMAIL ZABIULLA
S/O SYED SARADAR
AGED ABOUT 30 YEARS,
NO.33 10TH CROSS
ARAFATH NAGAR
BANGALORE-560026
116 . SYED SADIQ
S/O SYED SARDAR
AGED ABOUT 26 YEARS,
NO.33 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
117 . MAHBOOB PASHA
S/O SHAIKH AHMED
AGED ABOUT 42 YEARS,
4TH CROSS
81
HALEGUDDAHALLI
BANGALORE-560026
118 . NASRULLA
S/O IBRAHIM
AGED ABOUT 42 YEARS,
NO.38 10TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
119 . SUBHAN KHAN
S/O ANWAR KHAN
AGED ABOUT 43 YEARS
NO.20 7TH MAIN 5TH CROSS
ARAFATH NAGAR
PADARAYANAPURA
BANGALORE-560026
120 . SAIFULLA KHAN
S/O NABI KHAN
AGED ABOUT 43 YEARS,
R/AT NO.1 9TH CROSS
PADARAYANAPURA
BANGALORE-560026
121 . PARVEEZ
S/O MANSOOR
AGED ABOUT 22 YEARS,
NO.17 7TH CROSS,
ARAFATH NAGAR
PDARAYANAPURA,
BANGALORE-560026
...PETITIONERS
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
82
1. THE STATE OF KARNATAKA
BY JJ NAGAR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BANGALORE - 560001
2. RAMAN GOWDA PSI
AGED ABOUT 35 YEARS
J J NAGAR POLICE STATION
BANGALORE - 560026
...RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP ALONG WITH;
SMT. N. ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN
CR.NO.71/2021 C.C.NO.13583/2020 OF JAGAJEEVANRAM
NAGAR P.S., FOR THE OFFENCE P/U/S.143, 147, 148, 307,
201, 353, 333, 323, 324, 506, 269, 271, 188 R/W SEC.149
OF IPC AND SEC.3, 4 OF PREVENTION OF DESTRUCTION
AND LOSS OF PROPERTY ACT AND SEC.519B) OF NDM ACT
PENDING ON THE FILE OF THE HONBLE COURT OF 37th
ACMM AT BENGALURU.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD
AND RESERVED FOR ORDERS ON 26.02.2024 THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:
83
ORDER
These petitions are filed by the petitioners/accused persons under Section 482 of Cr.P.C., for quashing the Criminal proceedings registered by the Jagajeevanram Nagar police station in Crime No.70/2020, 71/2020, 72/2020, 73/2020, 74/2020 for the various offences punishable under the IPC sections as well as the Prevention of Destruction and Loss of Property Act, 1981, (hereinafter referred to as 'PDLP Act') and National Disaster Management Act, 2005 (herein after referred to as 'NDM Act'). After investigating the matter, the police have filed different charge sheets against the petitioners in C.C.Nos.12477/2020, 13583/2020, 12821/2020, 12397/2020 and 12506/2020.
2. In Crime No.70/2020, there were 55 accused persons, in Crime No.71/2020, there were 120 accused persons, in Crime No.72/2020, there were 76 accused persons, Crime No.73/2020, there were 68 accused persons and in Crime No.74/2020, there were 55 accused persons. 84 Most of the accused persons are common accused in all the cases.
3. The case of the prosecution in all these cases is that on 19.4.2020 between 6.30 p.m. to 6.50 p.m., when the BBMP officials went to secure 58 corona infected persons, at that time the accused persons formed unlawful assembly, armed with knife, club and rods with an intention to spread corona infection in Padarayanpura and had obstructed the area, where the Asha workers, Medical Officers belonging to BBMP, were lawfully discharging their official duty. The accused persons caused damage to the public property by breaking chairs, tables, tents at 10th cross, Arfathnagar. Thereafter, they went to other adjacent roads, in total 5 different roads and they caused damages. Therefore, the police officials have filed the suo-motu complaint against the accused/petitioners in 5 different complaints against the accused persons.
4. In Crl.P.No.5832/2022, the police lodged complaint in Crime No.70/2020 pending in C.C.NO.12477/2020, on the 85 file of 37th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 269, 271 read with 149 of IPC, sections 3 and 4 of PDLP Act and Section 51(B) of NDM Act, against 61 accused persons, out of which the petitioners in this petition are accused Nos.7 to 61 (total 55 accused persons).
5. The Crl.P.No.1008/2021 (accused No.2) and Crl.P.No.5893/2022 (accused Nos.7 to 126) filed arising out of Crime No.71/2020, in C.C.No.13583/2020 pending on the file of 37th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 307, 201, 353, 333, 323, 324, 506, 269, 271, 188 read with 149 of IPC and sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 126 accused persons mentioned in the FIR, out of which accused No.2 and accused Nos.7 to 126 have filed this petition (total 121 accused persons).
6. In Crl.P.No.5799/2022, the complaint was filed in Crime No.72/2020 in C.C.No.12821/2020, on the file of 37th 86 ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 506, 269, 271, 188 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 82 accused, out of them accused Nos.7 to 82 have filed this petition. In total, 76 persons have filed this petition.
7. In Crl.P.No.5913/2022 (accused Nos.7 to 73) and Crl.P.No.552/2021 (accused No.2) the complaint filed in Crime No.73/2020 in C.C.No.12397/2022, on the file of 37th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 332, 506, 269, 271, 188 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 73 accused persons registered as per FIR, out of them accused No.2 and accused Nos.7 to 73, totally 68 persons have filed this petition.
8. In Crl.P.No.5821/2022 (accused Nos.7 to 61), the complaint filed in Crime No.74/2020, pending in C.C.No.12506/2020 on the file of 37th ACMM, Bengaluru, for the offences punishable under Sections 143, 147, 148, 353, 87 332, 269, 271 read with 149 of IPC, sections 3 and 4 of PDLP Act and section 51(B) of NDM Act, totally 61 accused out of them, accused Nos.7 to 61 filed this petition totally, 55 persons have filed this petition.
9. The petitioners being aggrieved with filing of the charge sheet, filed these petitions challenging the charge sheet contending that after registering the FIR, the police arrested the petitioners, and that they are innocent public who do not have any connection with the case. Also, their houses are different places, therefore, without identifying the real culprits, the police have blindly registered the case against these petitioners. He further contended that the BBMP officials did not come with clean hands to secure corona infected persons. There is no list of infected persons in order to quarantine them, they have not narrated the names of the officials or patients or receipt of any information regarding corona patients. There was no wound or injury sustained by any of the persons in order to attract Section 307 of the IPC. There was delay in getting MLC. 88 They have taken treatment in private clinic, though Government Hospital is situated in front of the police station. The CCTV footage does not reveal any incriminating materials found against the petitioners and nothing were seized. There is no Test Identification Parade conducted by the police. None of the offences alleged would attract the provisions. Further it is contended, the statement of witnesses are stereotype statements. Though the police have filed that more than 120 accused persons were involved, but no property has been damaged, which was seized by the police. Hence, prayed for quashing the Criminal proceedings.
10. Learned counsel also contended as per the allegations, it appears there is only one offence which has been committed, but the police have registered 5 different FIRs in the same police station against the same accused persons for the same cause of action. Therefore, the criminal prosecutions against the petitioners are liable to be quashed.
89
11. Learned counsel further contended, the very prosecution is liable to be quashed, there is a bar under Section 195 (1) a) of Cr.P.C., where the Government officials are required to file private complaint, in respect of violation of the provisions of Sections 172 to 188 of IPC and Disaster Management Act. In support of his contention, he has relied upon the judgment of the Hon'ble Supreme Court as well as this Court reported in (1981) 2 SCC 185 in case of State of Karnataka Vs Hemareddy @ Vemareddy and Anr. Also relied on another case in W.P.No.13328/2018 (GM-RES) in case of Rajashekharananada Swamiji and Anr Vs State of Karnataka) and in case of Mahesh@Mahesha M., and Ors Vs State in Crl.P.No.9153/2022 and other cases.
12. Per contra, learned Addl.SPP has seriously objected the petition contending that the police have registered 5 different FIRs against various accused persons and most of the accused persons are common in all the FIRs The time of offence as well as place of offence are 90 altogether different where the first offence was committed at 10th cross, wherein the complainant was one Venkatesh police constable, in Crime No.0070/2020 the offence was committed at 7.10 p.m. In second case, Crime No.71/2020, the FIR was lodged by one PSI Raman Gowda the alleged offence was committed at 7.20 p.m., at 11th Cross, Padarayanapura, Bengaluru. In Crime No.72/2020 the complainant was one Gajendra, Head Constable and the alleged offence was committed at 12th cross Padrayanapura, Bengaluru and the offence was committed at 7.30 p.m.. In Crime No.73/2020 the complainant was one Dadapeer, Head constable and the alleged offence was committed at 11th cross, Padarayanapura and the time of offence was at 7.40 p.m. In Crime No.74/2020 complainant was Dr.Yogesh and place of incident was 10th cross, West of Padarayanapura, the time of incident was at 6.30 p.m. Learned counsel contended that the different offences committed by the accused persons, in different places at different times and complaint was lodged by different persons. Therefore, it 91 cannot be considered as one FIR or one incident in order to quash the Criminal proceedings.
13. Learned Addl.SPP has contended that though the offences under Section 188 of IPC, where the private complaint is required to be filed and quashed on the ground, the FIR has been lodged, but the remaining offences for damaging the public properties and causing injury, obstructing the public servants were remaining for prosecution. Therefore, case is required for trial and for framing of charges. Hence, prayed for dismissing the petition.
14. Having heard the arguments, perused the records. The sum and substance of the prosecution case is that, there was Covid-19 lockdown during April-2021 and there were 51 persons who were affected with corona infection and the said houses of the persons were required to be sealed down. Therefore, the BBMP officials, visited the padarayanapura area for sealing down. At that time, these accused persons said to be obstructed them from 92 discharging official duty and they said to be shown criminal force on them. They said to be damaged the chairs and table kept near the tents erected by the BBMP and they also said to be caused injury to one of the police and the offence is punishable under Section 307 of IPC. Admittedly, all the cases were arising out of series of incidents, at a time, one after the another. However, at different places, the accused persons had committed the offence, at different times and different persons have lodged complaint. There are different FIRs which have been registered in the same police station one after the another. It is also found that some of the accused persons are common, in all the 5 cases and some of them are different accused person in some cases. Accused Nos.1 to 6 were named in the FIR in 4 cases and 5 accused persons were named in one FIR. These petitioners were not named in the FIR, but the names are shown in the charge sheet .
15. The alleged offences mainly attract section 188 of IPC where there was promulgation of the state for Covid-19 93 lockdown and sealing down the infected area of Corona Virus. Though, the BBMP officials went to the padarayanapura area for sealing down on the ground, that there were 51 persons infected with the corona virus, but in the charge sheet there are no details or names of the corona virus affected persons in order to seal down the area. When the BBMP officials were obstructing the road for sealing down, these petitioners might have agitated against them for sealing down the area, as they were required to come out for purchasing the milk or vegetables or food products for day to day usages, at that time there may be scuffle between them and the alleged incident must have taken place. Therefore, the main offence alleged against accused persons is under Section 188 of IPC and thereafter the remaining offences attracted under the IPC and for violating the order of the Government during the emergency situation or lockdown, in view of the Covi-19 virus. The government passed the order under the Disaster Management Act for lockdown or sealing down the area, therefore, it attracts section 51 of the Disaster Management 94 Act. As per section 195 of Cr.P.C., there is a bar for taking cognizance by the Magistrate, for the offence punishable under Section 188 of IPC, the relevant section 195 (1)(a)(i) read as under :--
"No court shall take cognizance-
(a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 1860 (45 of 1860); or
(ii) xxxxxxxxxxxx
(iii) xxxxxxxxxxxxxx except on the xxxxxxxxxxxx;
b)(i) xxxxxxxxxxxx court; ог
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476 of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court; or
16. Therefore, in view of the bar under Section 195 (1)(a) (i) of Cr.P.C., for filing the complaint under Section 154 of Cr.P.C for filing the charge sheet and taking cognizance from the Magistrate, apart from that, for the purpose of taking cognizance, offence punishable under 95 Section 51 (B) of the Disaster Management Act, again there is a bar for taking cognizance on the police report, except on the complaint by the National Authority or State Authority or District Authority, or any other authority shall be authority in this behalf, by that authority or the Government as the case may be, as per section 60 of the Disaster Manager Act, which is as under:-
"Section 60: Cognizance of offences. No court shall take cognizance of an offence under this Act except on a complaint made by-
(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid."
17. Therefore, the registered FIR and filing the charge sheet is barred for taking cognizance under Section 195 of Cr.P.C., and section 60 of Disaster Management Act offence 96 punishable under Section 188 of IPC and section 51 (B) of Disaster Management Act.
18. This court also held in a similar case in WP NO.10241/2021 dated 4.8.2021 in the case of Dr.M.K. Pushpitha Vs State of Karnataka and another. The coordinate benches also taken the similar view in various cases. Now the question that arises to this court, other than the section 188 of IPC and section 51 of Disaster Management Act, is whether prosecution can be continued for the offences punishable under the IPC sections such as 353, 332, 143, 149, 307, 323 of IPC and also damaging the Public Properties Act.
19. The Addl. SPP contended that other than the non cognizable offence, the remaining IPC sections shall be proceeded against the accused persons. In this regard, learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court held in Bandekar Brothers 97 Pvt., Ltd., Vs Prasad Vassudev Keni and Ors reported in (2020) 20 SCC 1 at paragraph 48 has held as under:
"Equally important to remember that if in the course of the same transaction two separate offences are made out, for one of which section 195 of Cr.P.C is not attracted and it is not possible to split them up, the drill of section 195 (1)(b) Cr.P.C must be followed. Thus in State of Karnataka Vs Hemareddy, this court referred to the judgment of Madras High Court (V.V.L. Narasimhamurthy, In re)"
xxxxxxxxxxxxxxxxxxxxxxxxx
8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a court is necessary under that sub-section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld."
20. The Hon'ble Supreme Court in view of the judgment of Hon'ble Supreme Court, the coordinate bench 98 of this Court, also taken the similar view in the case of "Rajashekharananada Swamiji" stated supra that without filing the complaint under Section 2(d) of Cr.P.C., question of filing FIR and charge sheet and taking cognizance cannot be sustained. Therefore, the contention of the learned Addl.SPP to split up IPC cases cannot be acceptable. In order to split up the cognizable IPC cases and quashing the non-cognizable cases and proceed with the trial, is not correct and cannot be acceptable.
Therefore, in view of the judgment of the Hon'ble Supreme Court and bar under the Cr.P.C., as well as Disaster Management Act, the Criminal proceedings against these petitioners in the above 5 cases are liable to be quashed without going to the veracity of the offence committed by the accused, whether one offence or different offences, in different place of occurrence. Hence, petition deserves to be allowed.
Accordingly, all these petitions are allowed. 99 Consequently, the petition filed against the petitioners/accused persons in (i) Crl.P.NO.5832/2022 filed by the accused Nos.7 to 61, in C.C.NO.12477/2020, in Crime No.70/2020;
(ii) In Crl.P.No.1008/2021 filed by accused No.2 and CRL.P.No.5893/2022 filed by the accused Nos.7 to 126 in Crime No.71/2020, in C.C.NO.13583/2020;
(iii) In Crl.P.No.5799/2022, filed by accused Nos.7 to 82, in Crime No.72/2020, in C.C.NO.12821/2020;
(iv) Crl.P.No.552/2021 filed by accused No.2 and Crl.P.No.5913/2022, filed by accused Nos.7 to 73, in Crime No.73/2020, in C.C.NO.12397/2020 and
(v) In Crl.P.No.5821/2022, filed by accused Nos.7 to 61, in Crime No.74/2020 in C.C.NO.12506/2020, all these crimes filed by Jagajeevanram Nagar police station, which are pending on the file of 37th ACMM, Bengaluru, are hereby quashed.
Sd/-
AKV JUDGE CT:SK