Karnataka High Court
Sabeer Pasha vs State By Srirangapatna P S on 2 July, 2025
-1-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
WRIT PETITION NO. 4699 OF 2023 (GM-RES)
C/W
CRIMINAL PETITION NO. 10868 OF 2022
CRIMINAL PETITION NO. 10984 OF 2022
CRIMINAL PETITION NO. 11276 OF 2022
CRIMINAL PETITION NO. 11355 OF 2022
CRIMINAL PETITION NO. 133 OF 2023
CRIMINAL PETITION NO. 148 OF 2023
CRIMINAL PETITION NO. 155 OF 2023
WRIT PETITION NO. 29456 OF 2024 (GM-RES)
IN WP No. 4699/2023
BETWEEN:
1. FAROOQ KHAN
S/O LATE FAYAZ KHAN
AGED ABOUT 37 YEARS
Digitally R/AT NO. 397, 7TH CROSS,
signed by HAJEEJ SETH NAGARA
REKHA R
MYSORE - 560039.
Location:
High Court
of 2. JAVID PASHA
Karnataka
S/O MUNAVAR PASHA
AGED ABOUT 30 YEARS
R/AT NO.3211/4, 9TH CROSS, CV ROAD,
LASKAR MOHALLA, MYSORE - 570001
3. KADEEM
S/O SHABBIR AHAMED
AGED ABOUT 31 YEARS,
R/AT MASIDI BEEDI, HULLAHALLI,
-2-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
NANJANAGOOD TALUK,
MYSORE - 571301
4. MOHD ASLAM
S/O IQBAL AHAMED
AGED ABOUT 40 YEARS,
R/AT NO.846, AJIJA SET NAGAR,
1ST CROSS, MYSORE CITY
MYSORE - 560039
5. MOHD TOUSHIF
S/O MOHD IZAZ
AGED ABOUT 26 YEARS,
R/AT NILAKHANTA NAGAR,
NAGANAGOD TOWN
MYSORE - 571301
6. MUBARAK KHAN
S/O BABU HK
AGED ABOUT 33 YEARS
R/AT NO.2613, 2ND CROSS,
KUMBARAGERI PULIKESHI ROAD,
MANDI MOHALLA, MYSORE - 570001
7. NADEEM
S/O MOHD SALAMATAULLA
AGED ABOUT 34 YEARS,
R/AT NO. 1494, MUSLIM BLOCK,
NANJANAGUDU M, MYSORE - 571301
8. NASIRUDDIN
S/O JASEEM UDDIEN
AGED ABOUT 28 YEARS,
R/AT NO.453/1, 11TH CROSS,
SHIKANTESHWARA SCHOOL ROAD,
-3-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
UDAYAGIRI, MYSORE - 570019
9. RAHID PASHA
S/O MAQBUL PASHA
AGED ABOUT 29 YEARS,
R/AT NO.2911/ABN STREET,
MANDI MOHALLA, MYSORE - 570001
10. SAYYED RIJWAN
S/O LATE SAYYED HUSEN
AGED ABOUT 37 YEARS,
R/AT NO.386, 7TH CROSS,
HAJEJI SET NAGA,
MYSORE - 560039
11. SHABEER PASHA
S/O MUZAHID PASHA
AGED ABOUT 30 YEARS,
R/AT NO.2613, 2ND CROSS,
KUMBARAGERI, PULLKESHSHI ROAD,
MANDI MOHALLA, MYSORE - 570001
12. SIDDIQ
S/O RIYAZ AHAMAD
AGED ABOUT 25 YEARS
R/AT MASIDI BEEDI,
HULLAHALLI, NANJANAGUDU
MYSORE - 571301
13. SIKHANDAR HP
S/O PACHAPEER
AGED ABOUT 37 YEARS,
R/AT NO.416, 5TH CROSS,
2ND STAGE, RAJEEV NAGARA
MYSORE - 570001
-4-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
14. SYED IBRAHIM
S/O SAIYUD IQBAL,
AGED ABOUT 25 YEARS,
R/AT HOUSE NO.440,
18TH CROSS, SHANTHI NAGAR
MYSORE - 570019
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA RURAL PS
REP BY PUBLIC PROSECUTOR,
OFFICE AT ADVOCATE GENERAL OFFICE,
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA,
BANGALORE - 560001
2. SRIKANTH R
AGED ABOUT 41 YEARS,
CPI, MALAVALLI RURAL CIRCLE,
MALAVALLI, MANDYA - 571430
...RESPONDENTS
(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1;
R2 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
COGNIZANCE ORDER DTD 09.07.2019, IN CC NO.416/2019
U/S 143, 144, 147, 188, 149 OF IPC AND U/S 108 OF
KARNATAKA POLICE ACT 1963, PASSED BY THE HONBLE ADDL
CIVIL JUDGE AND JMFC SRIRANGAPATTANA, PRESENT AT
ANNEXURE-D, WHEREIN THE PETITIONERS ARE ARRAYED AS
ACCUSED NO.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60
AND 65 RESPECTIVELY AND ETC.,
-5-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
IN CRL.P NO. 10868/2022
BETWEEN:
1. SABEER PASHA
S/O MUJAHITH PASHA
AGED ABOUT 30 YEARS
R/AT NO.2613, 2ND CROSS
KUMABARAGERE PULLAKESI NAGARA MANDI
MYSURU -570001
2. MAHAMAD TOUSHIF @ TOUSIF
S/O MAHAMAD YAJAS @ EJAZ
AGED ABOUT 26 YEARS
R/AT NEELAKANTA NAGARA, NANJANAGUDU
MYSURU -571301
3. KADEEM
S/O SHABBIR AHAMAD
AGED ABOUT 31 YEARS
R/AT MASJID STREET
HULLAHALLI VILLAGE
MYSURU -571314
4. NASIRUDDIN
S/O JASEEMUDDIN
AGED ABOUT 28 YEARS
R/AT NO. 453, 11TH CROSS
SHRIKANTESHWARA SCHOOL ROAD
MYSURU -570019
5. SIKHANDAR H P
S/O PACHAPEER
AGED ABOUT 37 YEARS
R/AT NO.416, 5TH CROSS
2ND STAGE, RAJEEV NAGARA
-6-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
MYSURU -570001
6. SIDDIQ
S/O RIYAZ AHAMAD
AGED ABOUT 25 YEARS
R/AT MASJID ROAD, HULLAHALLI VILLAGE
NANJANAGUDU TALUK
MYSURU -571314
7. NADEEM
S/O MAHAMAD SALAMATH ULLA
AGED ABOUT 34 YEARS
R/AT NO.1494, MUSLIM BLOCK
NANAJANAGUDU, MYSURU -571301
8. MAHAMAD ASLAM
S/O IQBAL AHAMAD
AGED ABOUT 40 YEARS
R/AT NO. 846, AJIJ SAIT NAGARA
1ST PHASE, MYSURU
MYSURU -570001
9. MUBARAK KHAN
S/O H K BABU
AGED ABOUT 33 YEARS
R/AT NO.2613, 2ND CROSS
KUMBARAGERI, PULLAKESHA ROAD
MYSURU -570001
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA P S
REP BY PUBLIC PROSECUTOR
-7-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX
OPP VIDHANA SOUDHA
BANGALORE -560001
2. AZARUDDIN PSI
AGED ABOUT 41 YEARS
MANDYA RURAL POLICE STATION
MANDYA -571426
...RESPONDENTS
(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 & R2)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO 1.SET
ASIDE THE COGNIZANCE ORDER DATED 16.02.2019, IN
C.C.NO.180/2019 UNDER SEC.143,144,147,188,149 OF IPC
AND U/S 108 OF KARNATAKA POLICE ACT 1963, PASSED
BY THE HONBLE ADDL.CIVIL JUDGE AND J.M.F.C
SRIRANGAPATTANA, PRESENT AT ANNEXURE-D AND ETC.,
IN CRL.P NO. 10984/2022
BETWEEN:
1. SAIYADA IBRAHIM @ SYED IBRAHIM
S/O SAIYADA ANJUM
AGED ABOUT 25 YEARS
R/AT 18TH CROSS, SHANTI NAGAR
MYSURU -570019
2. MAHAMAD TOSIF @ TOUSIF
S/O MAHAMAD YAJAJ @ EJAZ
AGED ABOUT 53 YEARS
R/AT NILAKANTA NAGAR
NANJANAGUD, MYSURU - 571 305
-8-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
3. SABEER PASHA @ SHABBIR PASHA
S/O MUJAHITH PASHA
AGED ABOUT 30 YEARS
R/AT NO.2613, 2ND CROSS
KUMARAGERI PULLAKESHI ROAD
MANDI M, MYSURU CITY -570001
4. SAIYADA RIJWANA @ SYED RIZWAN
S/O SAIYADA HUSENA
AGED ABOUT 37 YEARS
R/AT NO.386, 7TH CROSS
HAJIJA SETA NAGAR MAHADEVAPURA
MYSURU -570019
5. NADEEM
S/O SALAMATH ULLA
AGED ABOUT 34 YEARS
R/AT NO.1494, MUSLIM BLACK, NANJANGUD
MYSURU -571305
6. FAROOQ KHANA @ KHAN
S/O PAYAZA KHAN
AGED ABOUT 37 YEARS
R/AT NO.397, 7TH CROSS
HAJIJA SET NAGARA
MYSURU -571305
7. SIKHANDRA H P @ SIKANDER
S/O PACHACHARA @ PACHAPEER
AGED ABOUT 37 YEARS
R/AT NO.416, 5TH CROSS
2ND MAIN, RAJEEV NAGAR
MYSURU -570001
-9-
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
8. NASIRODDINA @ NASIRUDDIN
S/O JASIMUDDINA
AGED ABOUT 28 YEARS
R/AT NO.453/1, 11TH CROSS
UDAYAGIRI, MYSURU -570019
9. MUBAARAKA KHANA @ MUBARAK KHAN
S/O BABU H K
AGED ABOUT 33 YEARS
R/AT NO.2613, 2ND CROSS
KUMBARAGERE PULLAKESI NAGAR MANDI
MYSURU -570001
10. MAHAMAD ASAMA @ ASLAM
S/O EKABALA AHAMADA
AGED ABOUT 40 YEARS
R/AT NO.846, AJIJA SET NAGAR
1ST CROSS, MYSURU -570019
11. SIDDIK
S/O RIYAZA AHAMADA
AGED ABOUT 25 YEARS
R/AT MASIDI BEEDI HULLAHALLI
MYSURU -571314
12. KADIM
S/O SHABEER AHAMADA
AGED ABOUT 31 YEARS
R/AT MASIDE BEEDI HULLAHALLI
NANJANGUD TALUK
MYSURU -571314
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
- 10 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
AND:
1. STATE BY SRIRANGAPATNA P S
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX
OPP VIDHANA SOUDHA
BANGALORE -560001
2. RAVINDRA C M
POLICE OFFICER
AGED ABOUT 47 YEARS
CPI, SRIRANGAPATNA CIRCLE
MANDYA -571 438
...RESPONDENTS
(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO A. SET
ASIDE THE COGNIZANCE ORDER DATED 03.02.2019
PRESENT AT ANNEXURE-D IN C.C.NO.140/2019
U/S.143,144,147,188,149 OF IPC AND SEC.108 OF
KARNATAKA POLICE ACT 1963 PASSED BY THE HONBLE
ADDITIONAL CIVIL JUDGE AND JMFC SRIRANGAPATTANA
AND ETC.,
IN CRL.P NO. 11276/2022
BETWEEN:
1. NASIRUDDIEN @ NASIRUDDIN
S/O JASEEM UDDIEN
AGED ABOUT 28 YEARS
R/AT NO.453/1, 11TH CROSS
SHRIKANTESHWARA SCHOOL ROAD
UDAYAGIRI, MYSURU - 570019
- 11 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
2. SIKHANDAR
S/O PACHA PEER
AGED ABOUT 37 YEARS
R/AT NO 416, 5TH CROSS, 2ND STAGE
RAJEEV NAGARA, MYSURU - 570001
3. MUBARAK KHAN
S/O BABU H K
AGED ABOUT 33 YEARS
R/AT NO 2613, 2ND CROSS,
KUMABARAGERI PULIKESHI ROAD
MANDI MOHALLA
MYSURU - 570001
4. NADEEM
S/O SALAMATHULLA
AGED ABOUT 34 YEARS
R/AT NO 1494, MUSLIM BLOCK
NANJANAGUDU, MYSURU - 571602
5. MAHAMAD ASLAM
S/O IKBAL AHAMAD
AGED ABOUT 40 YEARS
R/AT NO 846, AJEEJSET NAGAR
1ST STAGE, MYSURU - 570001
6. SIDDIQ
S/O RIYAZ AHAMAD
AGED ABOUT 25 YEARS
R/AT MASEEDI BEEDI HULLAHALLI
NANJANAGUDU, MYSURU - 571314
7. KHADEEM
S/O SHABEER AHAMAD
AGED ABOUT 31 YEARS
- 12 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
R/AT MASIDI BEEDI HULLAHALLI
NANJANAGUDU, MYSURU - 571314
8. MAHAMAD TOUSIF
S/O MAHAMAD YAJASH @ EJAZ
AGED ABOUT 26 YEARS
R/AT NEELAKANTA NAGARA
NANJANAGUDU, MYSURU - 571301
9. SAYYAD RIJWAN @ SYED RIZWAN
S/O SAYYAD HUSEN
AGED ABOUT 37 YEARS
R/AT NO 386, 7TH CROSS
HAJEEJ SET NAGARA
MYSURU - 570001
10. SABEER PASHA
S/O MUJAHIT PASHA
AGED ABOUT 30 YEARS
R/AT NO 2613, 2ND CROSS
KUMBARAGERI BEEDI, PULIKESHI ROAD
MANDI MOHALLA
MYSURU - 570001
11. SAYYAD IBRAHIM @ SYED IBRAHIM
S/O SAYYAD ANJOOM
AGED ABOUT 25 YEARS
R/AT 18TH CROSS, SHANTI NAGAR
SHANTI NAGAR, MYSURU - 570019
12. FAROOQ KHAN
S/O LATE FAYAJ KHAN
AGED ABOUT 37 YEARS
R/AT NO 397, 7TH CROSS
HAJEEJ SETH NAGARA
- 13 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
MYSURU - 570001
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA P.S
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX
OPP VIDHANA SOUDHA
BANGALORE - 560001
2. BHAVITHA N M
POLICE OFFICER
AGED ABOUT 41 YEARS
PSI, ARAKERE POLICE STATION
SRIRANGAPATNA TALUK, MANDYA -571438
...RESPONDENTS
(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO A. SET
ASIDE THE COGNIZANCE ORDER DATED 08.02.2019 IN
C.C.NO.179/2019 U/S 143,144,147,188,149 OF IPC AND
U/S 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY THE
HONBLE ADDL. CIVIL JUDGE AND JMFC,
SRIRANGAPATTANA, PRESENT AT ANNEXURE-D AND ETC.,
IN CRL.P NO. 11355/2022
BETWEEN:
1. SHABBIR PASHA
S/O MUJAHIT PASHA
AGED 32 YEARS
R/AT NO.2613, 2ND CROSS
KUMBARAGERI PILLIKESHI ROAD MANDI
- 14 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
MYSORE - 570001
2. SYED IBRAHIM
S/O SYED ANJUM
AGED 26 YEARS
R/AT NO.440, 18TH CROSS, SHANTHI NAGAR
MYSORE - 570019
3. SYED RIJVAN @ RIZWAN
S/O SYED HUSEN
AGED 38 YEARS
R/AT NO.386, 7TH CROSS, HALEJI SET NAGAR
MYSURU - 570001.
4. SIKHINDRA H P @ SIKHANDAR
S/O PACHAPEER
AGED 38 YEARS
R/AT NO.416, 5TH CROSS,
RAJEVU NAGAR @ RAJIV NAGAR
MYSURU - 570001
5. NASIRUDDIN
S/O JASEEMUDDIN
AGED 29 YEARS
R/AT NO. 453/01, 11TH CROSS,
SRIKANTESHWAR SCHOOL ROAD
UDAYAGIRI, MYSURU - 570 019
6. MUBARAK KHANA @ KHAN
S/O BABU H K
AGED 34 YEARS
R/AT NO. 2613, 2ND CROSS,
KUMARAGERI PILLAKESI ROAD MANDI
MYSURU - 570001
- 15 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
7. NADEEM
S/O MAHAMAD SALAMATA ULLA
AGED 35 YEARS
R/AT NO. 1494, MUSALIM BLACK
NARAGUNDA ALIAS NANJANAGUD
MYSURU - 571 301
8. MAHAMAD ASALAM @ ASLAM
S/O EKABALA AHAMADA
AGED 41 YEARS
R/AT NO.846, AJIJ STREET NAGAR
1ST CROSS, MYSURU - 570019
9. SIDDIK
S/O RIYAZ AHAMAD
AGED 26 YEARS
R/AT MASIDI BEEDI HULLAHALLI
NANJANAGUD TALUK
MYSURU - 571 301
10. KADIM
S/O SHABEER AHAMAD
AGED 32 YEARS
R/AT MASIDI BEEDI HULLAHALLI
NANJANAGUD TALUK
MYSURU - 571301
11. MAHAMAD TOSIF @ TOUSIF
S/O MAHAMAD YAJAJ
AGED 27 YEARS
R/AT NILAKANTA NAGAR, NANJANAGUD TALUK
MYSURU -571 305
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
- 16 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
AND:
1. STATE BY SRIRANGAPATNA PS
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX
OPP VIDHANA SOUDHA
BANGALORE - 560001
2. SHIVAMANJU PSI
AGED 60 YEARS
KOPPA POLICE STATION
MANDYA - 571 426
...RESPONDENTS
(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO 1. SET
ASIDE THE COGNIZANCE ORDER DATED 27.10.2018 IN
C.C.NO.656/2018 U/S 143, 144, 147, 188, 149 OF IPC AND
SECTION 108 OF KARNATAKA POLICE ACT 1963, PASSED
BY THE HONOURABLE ADDITIONAL CIVIL JUDGE AND
J.M.F.C., SRIRANGAPATTANA, PRESENT AT ANNEXURE-D
AND ETC.,
IN CRL.P NO. 133/2023
BETWEEN:
1. RAHID PASHA
S/O MAKBUL PASHA,
AGED ABOUT 30 YEARS,
R/AT NO. 2911/A, B.N. STREET, MANDI MOHALLA,
MYSORE-570 021.
2. JAVID PASHA
S/O. MUNAVAR PASHA,
AGED ABOUT 31 YEARS,
- 17 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
R/AT NO. 3211/4, 9TH CROSS, C.V. ROAD,
LASHKAR MOHALLA,
MYSORE-570 001.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA P.S.,
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE,
HIGH COURT COMPLEX, OPP VIDHANA SOUDHA,
BANGALORE-560 001.
2. BHAVITHA. N. M.
POLICE OFFICER,
AGED ABOUT 41 YEARS,
PSI, ARAKERE POLICE STATION,
SRIRANGAPATNA TALUK,
MANDYA-571 438.
...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO A. SET
ASIDE THE COGNIZANCE ORDER DATED 08.02.2019 IN
C.C.NO.179/2019 U/S 143,144,147,188, 149 OF IPC AND
UNDER SECTION 108 OF KARNATAKA POLICE ACT 1963,
PASSED BY THE HONBLE ADDL. CIVIL JUDGE AND JMFC,
SRIRANGAPATTANA PRESENT AT ANNEXURE-D AND ETC.,
IN CRL.P NO. 148/2023
BETWEEN:
1. RAHID PASHA
S/O. MAKUBULA PASHA,
AGED ABOUT 30 YEARS,
- 18 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
R/AT NO. 2911/A, B. N. STREET,
MANDI MOHALLA,
MYSORE-570 021.
2. JAVID PASHA
S/O. MUJAVR PASHA,
AGED ABOUT 31 YEARS,
R/AT NO. 3211/4, 9TH CROSS, C.V. ROAD,
LASHKAR MOHALLA,
MYSORE-570 001.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA P.S.,
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA,
BANGALORE-560 001.
2. SHIVAMANJU PSI
AGED ABOUT 60 YEARS,
KOPPA POLICE STATION,
MANDYA-571 426.
...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO A. SET
ASIDE THE COGNIZANCE ORDER DATED 27.10.2018 IN
C.C.NO.656/2018 U/S 143,144,147,188,149 OF IPC AND
U/SEC. 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY
THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA
PRESENT AT ANNEXURE-D AND ETC.,
- 19 -
NC: 2025:KHC:24975
WP No. 4699 of 2023
C/W CRL.P No. 10868 of 2022
CRL.P No. 10984 of 2022
HC-KAR AND 6 OTHERS
IN CRL.P NO. 155/2023
BETWEEN:
1. RAHID PASHA
S/O. MAQBUL PASHA,
AGED ABOUT 30 YEARS,
R/AT NO. 2911/A, B.N. STREET,
MANDI MOHALLA, MYSORE-570 021.
2. JAVEED PASHA
S/O. MUNAVAR PASHA,
AGED ABOUT 31 YEARS,
R/AT NO. 3211/4, 9TH CROSS,
C.V. ROAD, LASHKAR MOHALLA,
MYSORE-570 001.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SRIRANGAPATNA P.S.,
REP BY PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE,
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA,
BANGALORE-560 001.
2. AZARUDDIN PSI
AGED ABOUT 41 YEARS,
MANDYA RURAL POLICE STATION,
MANDYA-571 426.
...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
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ADVOCATE FOR THE PETITIONER PRAYING TO A. SET
ASIDE THE COGNIZANCE ORDER DATED 16.02.2019 IN
C.C.NO.180/2019 U/S 143,144,147,188,149 OF IPC AND
SEC. 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY
THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA
PRESENT AT ANNEXURE-D AND ETC.,
IN WP NO. 29456/2024
BETWEEN:
1. VASIM
S/O LATE AKRAM PASHA
AGED ABOUT 34 YEARS
R/AT SHABBEEAR NAGARA
HUNUSUR TOWN, MYSORE DIST - 571105
...PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY HUNUSUR TOWN P.S
REP BY STATE PUBLIC PROSECUTOR
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX, OPP VIDHANA SOUDHA
BANGALORE-560001
2. PRABHAKAR
HC-287, AGED ABOUT 46 YEARS,
HUNUSUR TOWN POLICE STATION,
HUNSUR-571105
...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS IN SC 184/2019 FOR THE ALLEGED
OFFENCES UNDER SECTION 186,353,307 OF IPC AT ANNX-
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D, NOW PENDING BEFORE THE HONBLE PRL.DIST.AND
SESSION JUDGE AT MYSORE WHEREIN THE PETITIONER
ARRAYED AS ACCUSED NO.1 AND ETC.,
THESE PETITIONS, COMING ON FOR DICTATING
ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
COMMON ORDER
In these Writ Petitions and criminal petitions filed under Article 227 of the Constitution of India r/w Section 482 and Section 482 of the Code of Criminal Procedure;
2. Petitioners in WP No.4699/2023 who are arraigned as accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, are seeking quashing of criminal proceedings initiated against them in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
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3. Petitioners in Crl.P.No.10868/2022 who are arraigned as accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
4. Petitioners in Crl.P.No.10984/2022 who are arraigned as accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 are seeking quashing of criminal proceedings initiated against them in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
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5. Petitioners in Crl.P.No.11355/2022 who are arraigned as accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 are seeking quashing of criminal proceedings initiated against them in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
6. Petitioners in Crl.P.No.133/2023 who are arraigned as accused Nos.31 and 42 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
7. Petitioners in Crl.P.No.148/2023 who are arraigned as accused Nos.39 and 64 are seeking quashing
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of criminal proceedings initiated against them in
C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
8. Petitioners in Crl.P.No.155/2023 who are arraigned as accused Nos.17 and 40 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
9. Petitioners in Crl.P.No.11276/2022 who are arraigned as accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and 57 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and
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JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
10. Petitioner in W.P.No.29456/2024 who are arraigned as accused No.1 seeking quashing of criminal proceedings initiated against them in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC;
11. In support of the petitions, the petitioners have contended that according to the prosecution on 10.11.2017, during Tippu Sultan Jayanthi, from 6.00 p.m. of 09.11.2017 to 6.00 a.m. on 11.11.2017, curfew was imposed and procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. Despite the same, around 170 to 250 people including the petitioners
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took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of IPC and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed.
11.1 The Court can take cognizance in respect of offence punishable under Section 188 of IPC only on a complaint in writing of public servant concerned or of some other public servant to whom he is administratively subordinate and it is mandatory in nature. In the light of the same, the proceedings against the petitioners are liable to be quashed.
12. In support of his arguments, learned counsel for petitioners has relied upon the following decisions:
(i) Fairoz Ulla Shariff @ Shariff and others Vs.State by Lashkar PS and another (Fairoz Ulla)1 1 WP No.5415/20522 dated 25.07.2022
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(ii) Salman and others Vs. State by Hunsur Town PS and another (Salman)2
13. Heard arguments and perused the record.
14. Thus, the allegations against the petitioners are that in the back drop of Tippu Sultan Jayanthi, there was prohibitory order issued by the Deputy Commissioner, according to which procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. In this regard, police personnel were on duty. However, around 170 to 250 people including the petitioners took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of IPC and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed. 2 Crl.P.No.7868/2022 dated 01.09.2022
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15. The learned counsel for petitioners submitted that as per Section 195 Cr.P.C in case of prosecution for contempt of lawful authority of public servants, for offences against public justice and for offence relating to documents given in evidence, the Court is required to take cognizance only on a complaint filed under Section 200 Cr.P.C by the public servant or the Court as the case may be. However, in the present case on the basis of first information of the police officer, criminal case was registered and ultimately, charge sheet is filed. In the absence of complaint by the public servant, the Court cannot take cognizance.
16. In the light of the fact that the main offence alleged is punishable under Section 188 of the IPC, which is covered by 195 of Cr.P.C, the complaint was required to be filed either by the officer issuing the prohibitory order or an officer above his rank. Admittedly, the prohibitory order was issued by the Deputy Commissioner. However, the complaint under Section 200 of Cr.P.C is not filed by
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the Deputy Commissioner or an officer above his rank, but the investigation was initiated on the basis of first information given by a police officer. Therefore, the trial Court has erred in taking cognizance and as such the criminal proceedings are liable to be quashed and accordingly the following:
ORDER
(i) W.P.No.4699/2023 filed by accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, is allowed. The criminal proceedings in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(ii) Crl.P.No.10868/2022 filed by accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences
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punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 are quashed.
(iii) Crl.P.No.10984/2022 filed by accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 is allowed. The criminal proceedings in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(iv) Crl.P.No.11355/2022 filed by accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(v) Crl.P.No.133/2023 filed by accused Nos.31 and 42 is allowed. The criminal proceedings in
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C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(vi) Crl.P.No.148/2023 filed by accused Nos.39 and 64 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(vii) Crl.P.No.155/2023 filed by accused Nos.17 and 40 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(viii) Crl.P.No.11276/2022 filed by accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and
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57 is allowed. The criminal proceedings in
C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed.
(ix) W.P.No.29456/2024 filed by accused No.1 is allowed. The criminal proceedings in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC is hereby quashed.
(x) The Registry is directed to send a copy of this order to the trial Court through e-mail.
Sd/-
(J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 50