Jaheeruddin S/O Hasim Hussainsab Alias ... vs The State Of Karnataka
2024 Latest Caselaw 648 Kant

Citation : 2024 Latest Caselaw 648 Kant
Judgement Date : 8 January, 2024

Karnataka High Court

Jaheeruddin S/O Hasim Hussainsab Alias ... vs The State Of Karnataka on 8 January, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                    -1-
                                                               NC: 2024:KHC-D:370
                                                          CRL.P No. 103391 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 8TH DAY OF JANUARY, 2024

                                                 BEFORE

                              THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                                CRIMINAL PETITION NO. 103391 OF 2023

                      BETWEEN:

                      1.   JAHEERUDDIN S/O HASIM HUSSAINSAB @
                           HASIMHUSSAIN SAYYED MULLA,
                           AGE. 38 YEARS, OCC. BUSINESS,
                           R/O. KALAKERI, TQ. MUNDARAGI,
                           DIST. GADAG.

                      2.   FAKIRA GOUDA S/O BHEEMANAGOUDA
                           HIRENINGANAGOUDRA, AGE. 38 YEARS,
                           OCC. BUSINESS AND AGRICULTURE,
                           R/O. HEBBALLI, TQ. BADAMI,
                           DIST. BAGALKOTE.

                      3.   MAILARAPPA S/O GURAPPA UDDANDI,
                           AGE. 52 YEARS OCC. BUSINESS AND AGRICULTURE,
                           R/O. SHIRANAHALLI, TQ. MUNDARAGI
                           DIST. GADAG.
                                                                    ... PETITIONERS
         Digitally
                      (BY SRI. T. HANUMAREDDY, ADVOCATE)
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.01.09
         11:34:51
         +0530
                      AND:

                      1.   THE STATE OF KARNATAKA,
                           BY SHO, MUNDARGI POLICE STATION,
                           MUNDARAGI, DIST. GADAG, R/BY SPP,
                           HIGH COURT OF KARNATAKA,
                           AT DHARWAD, DHARWAD-583001.

                      2.   THE SENIOR GEOLOGIST,
                           OFFICE OF THE DEPARTMENT OF
                           MINES AND GEOLOGY, GADAG-582101.
                                                                     ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP FOR R1 & R2)
                                       -2-
                                               NC: 2024:KHC-D:370
                                             CRL.P No. 103391 of 2023




      THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO QUASH ENTIRE CHARGE SHEET AND PROCEEDINGS IN
C.C. NO.85/2019 FOR OFFENCE U/SEC.427 AND 431 OF IPC ON THE
FILE OF CIVIL JUDGE AND JMFC AT MUNDARAGI, GADAG IN SO FAR
PETITIONERS/ ACCUSED NO.3, 5 AND 6 ARE CONCERNED IN THE
INTEREST AND EQUITY.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                    ORDER

1. The petitioners, who are accused Nos. 3, 5 and 6

have filed this petition for quashing the Criminal Case

No.85/2019 pending on the file of the learned Civil Judge and

JMFC, Mundargi for the offences punishable under Sections 427

and 431 of IPC.

2. An affidavit is filed by the complainant-Umesh J

Madalli, Geologist stating that the request of the petitioners

was considered by the department and a fine of Rs.5,00,000/-

has been imposed on them with the condition that they have to

repair the river bed and they have also been directed to

submit photographs for proof of the said repair.

3. It is also stated that sum of Rs.5,00,000/- has been