Karnataka High Court
Rafeek Abdul vs The State Of Karnataka And Anr on 31 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:704
CRL.P No. 201351 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201351 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
RAFEEK ABDUL
S/O MOHAMMED RASHEED MIYA CHIFSAB,
AGE: 50 YEARS, OCC: LABOURER,
R/O. RAJESWAR VILLAGE, TQ. BASAVAKALYAN,
DIST. BIDAR - 585327
...PETITIONER
(BY SRI SANJAY A PATIL, ADVOCATE)
AND:
Digitally signed
by SHIVAKUMAR 1. THE STATE OF KARNATAKA THROUGH
HIREMATH BASAVAKALYAN RURAL POLICE STATION,
Location: HIGH MATALA CIRCLE, DISTRICT BIDAR - 585327
COURT OF R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
KARNATAKA
KALABURAGI BENCH - 585107.
2. MOHAMAD MOUJODDIN S/O KHALILODDIN PUJARI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. IDGA COLONY, RAJESWAR VILLAGE,
TQ. BASAVAKALYAN, DIST.BIDAR-585331
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
R2 SERVED)
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NC: 2025:KHC-K:704
CRL.P No. 201351 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC
528 OF BNSS ACT, PRAYING TO, A) QUASH ENTIRE
PROCEEDINGS AGAINST PETITIONER/ACCUSED NO. 3 ARISING
OUT OF CRIME NO. 56/2015 REGISTERED BY BASAVAKALYAN
RURAL P.S IN C.C NO. 189/2016 ON THE FILE OF SENIOR
CIVIL JUDGE , BASAVAKALYAN, DISTRICT BIDAR FOR THE
OFFENCES PUNSIHABLE U/SEC 143, 147, 504, 323, 304, 109
R/W 34 OF IPC AS PER CHARGE SHEET B) PASS ANY OTHER
SUITABLE ORDER OR DIRECTION AS DEEM FIT BY THIS
HON'BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused No.3 in C.C.No.189/2016 pending before the
Court of Senior Civil Judge and JMFC, Basavakalyan, Bidar,
arising out of Crime No.56/2015 registered by Basava
Kalyana, Bidar for the offences punishable under Sections
143, 147, 504, 304, 109 read with 34 of IPC is before this
Court under Section 482 of Cr.P.C, with a prayer to quash
the entire proceedings.
2. Learned counsel for the petitioner submits that
petitioner was arrayed as accused No.3 in the charge
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sheet that was filed in Crime No.56/2015 by Basava
Kalyan Rural Police Station, Bidar district for offences
punishable under Sections 143, 147, 504, 304, 109 read
with 34 of IPC. Since he was absconding a split up case
was registered against him in C.C.No.189/2016 and case
as against the other accused was committed and accused
Nos.1, 2 and 4 to 6 were tried in S.C.No.235/2016 by the
Jurisdictional Sessions Judge for the charge sheeted
offences and they have been acquitted by judgment and
order dated 28.03.2019. The said judgment and order of
acquittal has attained finality. There is no purpose in
proceeding with the trial as against petitioner herein.
Accordingly, he prays to allow the petition.
3. Per contra, learned High Court Government
Pleader who has opposed the prayer made in the petition,
does not dispute that the judgment and order of acquittal
passed in S.C.No.235/2016 has attained finality.
4. Material on record would go to show that
charge sheet has been filed in the present case as against
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six persons and accused Nos.1, 2 and 4 to 6 were tried for
the charge sheeted offences before the jurisdictional
Sessions Judge in S.C.No.235/2016. Accused Nos.1, 2
and 4 to 6 have been acquitted by judgment and order
dated 28.03.2019 in S.C.No.235/2016 by the Court of II
Additional District and Sessions Judge, Bidar sitting at
Basava Kalyan, Bidar District and the said judgment and
order of acquittal undisputedly has attained finality.
Therefore, no purpose would be served in continuing the
impugned criminal proceedings as against the petitioner
who is accused No.3 in the said case. Continuations of the
impugned criminal proceedings and holding trial against
the petitioner would be futile exercise and waste of
precious time of the Court.
5. Under the circumstances, I am of the opinion
that prayer made in the petition needs to be granted.
Accordingly, I pass the following:
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ORDER
i. Criminal Petition is allowed.
ii. The entire proceedings in C.C.No.189/2016
pending before the Court of Sr.Civil Judge and
JMFC, Basava Kalyan, Bidar District, arising out
of Crime No.56/2015 registered by Basava
Kalyan Rural Police Station, Bidar District, for
the offences punishable under Sections 143,
147, 504, 323, 304, 109 read with 34 of IPC, is
hereby quashed as against the petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
AMM
CT:PK
