Karnataka High Court
Poujana vs The State Of Karnataka on 20 June, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 200937 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 200937 OF 2025
(482(Cr.PC)/528(BNSS)
BETWEEN:
POUJANA
S/O.ABDUL AJIJ MULLA
AGE 34 YEARS,
OCC:BUSINESS
R/O. VIJAYAPURA, BHAGAYAT GALLI
IKRA SCHOOL, NEAR JUMMA MASEED ROAD,
VIJAYAPURA - 586101.
...PETITIONER
(BY SRI SHIVANAND V PATTANASHETTI, ADVOCATE)
Digitally signed
by KHAJAAMEEN
MALAGHAN AND:
Location: HIGH
COURT OF
KARNATAKA THE STATE OF KARNATAKA
THROUGH GANDHI CHOWK POLICE STATION,
VIJAYAPURA,
DIST: VIJAYAPURA-586101.
R/BY ADDL. SPP HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585107
...RESPONDENT
(BY SRI G B YADAV, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.
(OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO
QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE
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CRL.P No. 200937 of 2025
HC-KAR
PROCESS DATED 24.12.2024 PASSED BY PRL. MAGISTRATE
JUVENILE JUSTICE BOARD, VIJAYAPURA IN J.C.NO. 57/2024
(ARISING OUT OF GANDHI CHOWK, PS VIJAYPUR FIR (CRIME)
NO. 359/2008) FOR THE OFFENCES PUNISHABLE U/SEC. 298,
153-A,(B), 124-A, R/W 149 OF IPC AND SEC. 11, 13, 15 AND
18 UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 AND
AMENDMENT ORDINANCE 2024.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard the learned counsel for the petitioner and
learned High Court Government Pleader for the
respondent/State and perused the material on record.
2. The petitioner is before this Court seeking to
quash the order passed by the learned Principal
Magistrate, Juvenile Justice Board, Vijayapura in
J.C.No.57/2024, taking cognizance for the offences
punishable under Sections 298, 153 (A), (B), 124(A) read
with Section 149 of IPC and Sections 11, 13, 15 and 18 of
the Unlawful Activities (Prevention) Act, 1967 and
Amendment Ordinance, 2004.
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HC-KAR
3. The above proceedings before the Juvenile
Justice Board arise out of a case registered in Crime
No.359/2008 at Gandhi Chowk Police Station, Vijayapura.
The petitioner being a juvenile in conflict with law, at the
time of the alleged incident, was produced before the
Juvenile Justice Board and the above proceedings were
initiated against him. The material on record reveals that
other accused were charge sheeted and accused No.1 was
sent for trial in S.C.No.37/2010 on the file of the I-
Additional Sessions Judge, Vijayapura and after a full-
fledged trial, the said accused was acquitted by the
learned Sessions Judge of all the charges, vide judgment
dated 30.08.2017. Accused Nos.8 and 10 were discharged
by the learned Sessions Judge vide order dated
20.02.2025 passed in S.C.No.167/2024. Further, Criminal
Petition No.201248/2024 preferred by accused Nos.7 and
11 was allowed by this Court vide order dated 19.11.2024
and the proceedings against them were quashed.
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HC-KAR
4. FIR was registered on 04.12.2008 against
unknown persons for the offence punishable under Section
298 of IPC and Section 3 of the Karnataka Open Space
(Prevention of Disfigurement) Act, 1981. The allegations
in the FIR are that the accused have posted
pamphlets/hand bills on a pan shop with writings "Our
struggle for final and complete supremacy of" and
"involves Babri Masjid too".
5. Charge sheet was filed against accused Nos.1 to
5 for offences punishable under Sections 298, 153(A),(B),
124(A) read with Section 149 of IPC, Sections 11, 13, 15
and 18 of Unlawful Activities (Prevention) Act, 1967 and
Amendment Ordinance, 2004. More than 16 years have
lapsed since the date of occurrence. Petitioner was not
named in the FIR. Since it was found that he was a
juvenile, he has been sent before the Juvenile Justice
Board. Accused No.1, who faced trial, has been acquitted
by the learned Sessions Judge. While acquitting, the
learned Sessions Judge has observed that except the
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HC-KAR
Investigation Officer, no other witness has completely
supported the prosecution case and even the evidence of
Investigation Officer was not believable, since he himself is
the complainant and the Investigation Officer.
6. Hence, I am of the considered view that the
proceedings now pending against the petitioner is nothing
but abuse of process of law. Accordingly, I proceed to
pass the following:
ORDER
(i) The petition is allowed.
(ii) The entire proceedings in J.C.No.57/2024
on the file of the Principal Magistrate,
Juvenile Justice Board, Vijayapura (arising
out of Crime No.359/2008 of Gandhi Chowk
Police Station, Vijayapura) are quashed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
SWK
CT:JLR
