Karnataka High Court
Bharat S/O Vasant Upadhye vs The State Of Karnataka on 19 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:3933
CRL.P No. 102338 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO.102338 OF 2022
BETWEEN:
1. BHARAT
S/O VASANT UPADHYE
AGE.47 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
2. KALLAPPA
S/O BALAPPA VIJAYNAGAR
AGE.37 YEARS, OCC.AGRICULTURE,
R/O.KONNUR, TQ.GOKAK.
3. AYUB
S/O SHAMSHUDDIN MOMINDAD
AGE.48 YEARS, OCC.COOLIE,
AT AND TQ.HUKKERI.
MANJANNA 4. SALIM S/O IBRAHIM KHALIF
E AGE.66 YEARS, OCC.AGRICULTURE,
R/O.KONNUR, TQ.GOKAK.
Digitally signed
by MANJANNA E
Date: 2024.02.22
14:24:49 +0530
5. MAHANING
S/O YALLAPPA MALAGI
AGE.27 YEARS, OCC.AGRICULTURE,
R/O.KARGUPPI, TQ.GOKAK.
6. MUSHTAQAHAMAD HAWALDAR
AGE.56 YEARS, OCC.AGRICULTURE,
R/O.KONNUR, TQ.GOKAK.
7. SHAKEELAHAMAD
S/O SHOUKAT MULLA
AGE.47 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
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NC: 2024:KHC-D:3933
CRL.P No. 102338 of 2022
8. SURAJ S/O SALEEM KHALEEF
AGE.42 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
9. SIKANDER S/O GOUSE BAGEWADI
AGE.38 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
10. IRFAN S/O IMAMHUSEIN KURANI
AGE.22 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
11. MARUTI S/O PRABHU MAGENNAWAR
AGE.40 YEARS, OCC.PRIVATE WORK,
R/O.KONNUR, TQ.GOKAK.
...PETITIONERS
(BY SRI. M.J PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH PSI GOKAK RURAL PS
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH DHARWAD.
...RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO THAT THE COMPLAINT AND ALL FURTHER
PROCEEDINGS ARISING OUT OF CHARGE SHEET FILED BY THE
GOKAK RURAL POLICE IN C.C. NO. 1143/2020 (GOKAK RURAL
P.S.CR.NO. 44/2020) BEFORE THE IIND ADDL. CIVIL JUDGE AND
J.M.F.C. COURT AT GOKAK AS AGAINST THE PETITIONERS/ACCUSED
NOS. 1, 2 AND 4 TO 12 HEREIN OF THE OFFENCES, UNDER
SECTIONS 79 AND 80 OF THE KARNATAKA POLICE ACT 1963 BE
QUASHED IN THE INTERESTS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:3933
CRL.P No. 102338 of 2022
ORDER
1. This petition is filed challenging the proceedings
initiated against the petitioner for offence punishable
under Sections 79 and 80 of the Karnataka Police Act,
1963.
2. The material on record reveals that, the Police
Inspector, Gokak Rural Police Station, has conducted the
raid on credible information regarding some persons were
playing andar bahar on 04.03.2020 at 4.30 p.m., and
registered the FIR on 04.03.2020 at 8.45 p.m.
3. Since the investigation was commenced before
obtaining the permission under Section 155(2) of Cr.P.C.,
it is obvious that the proceedings are vitiated, in view of
the judgment rendered by this Court in the case of
Vaggeppa Gurulingappa Jangaligi Vs. The State of
Karnataka in Crl.P.No.101997/2019 disposed of on
10.12.2019.
NC: 2024:KHC-D:3933
4. Accordingly, the criminal petition is allowed.
Consequently the proceedings initiated against the
petitioner are quashed.
Sd/-
JUDGE
EM
