Karnataka High Court
Hasan Thouseef vs The State Of Karnataka on 11 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:10325
CRL.P No. 4969 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4969 OF 2023 (482(Cr.PC) /
528(BNSS))
BETWEEN:
HASAN THOUSEEF
S/O K. MUSTHAFA,
AGED ABOUT 35 YEARS,
R/AT KAUDOOR VILLAGE,
BAILOOR POST, KARKALA TALUK,
UDUPI DISTRICT-574 102.
...PETITIONER
(BY SRI. KETHAN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE SUB INSPECTOR OF POLICE,
Digitally ULLALA POLIDE STATION,
signed by MANGALORE, D.K.
LAKSHMI T
Location:
REPRESENTED BY
High Court STATE PUBLIC PROSECUTOR,
of Karnataka
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. MOHAMMED MUSTHAK
S/O ABDUL AZEEZ,
AGED ABOUT 42 YEARS,
R/AT KUTHAR, SUBHAS NAGAR,
FORMERLY MANGALURU TALUK,
AT PRESENT ULLALA TALUK,
D.K. DISTRICT-575 001.
...RESPONDENTS
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NC: 2025:KHC:10325
CRL.P No. 4969 of 2023
(BY SMT. RASHMI PATEL, HCGP;
SRI. K. PRASANNA SHETTY, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (i)
QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER
(ACCUSED NO.3) PENDING BEFORE THE COURT OF J.M.F.C.
(VII COURT) DAKSHINA KANNADA, MANGALURU IN
P.C.R.NO.7/2023 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 294, 323, 324, 504, 506, 149 OF IPC; (ii) QUASH THE
FIR REGISTERED AGAINST THE PETITIONER (ACCUSED NO.3)
BY THE ULLAL POLICE STATION IN CRIME NO.46/2023 FOR
THE OFFENCES PUNISHABLE UNDER SECTION 294, 323, 324,
504, 506, 149 OF IPC, PENDING BEFORE 7TH JMFC COURT,
MANGALURU, D.K.
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 petitioner, learned
Additional SPP for the State and the learned counsel
appearing for defacto complainant.
2. Petitioner is seeking to quash the entire
proceedings in PCR No.7/2023, pending against him on the
file of the Court of JMFC (VII Court), D.K., Mangaluru.
3. Petition is filed on two grounds, firstly, it is
contended that at the time of alleged incident,
NC: 2025:KHC:10325
petitioner/accused No.3 was not in the country and
secondly, the private complaint which was referred to
police for investigation was not supported with an
affidavit, contrary to the judgment of the Hon'ble Apex
Court in the case of Mrs. Priyanka Srivastava and
another v. State of U.P. and other (AIR 2015 SC
1758).
4. A private complaint was filed by respondent
No.2, which was referred to police for investigation,
consequent to which a case in Crime No.46/2023 was
registered at Ullal Police Station, Mangaluru City, for
offences punishable under Section 294, 323, 324, 504,
506 r/w 149 of IPC.
5. It is alleged in the complaint that on
28.01.2023 at about 7.00 p.m., the accused and their
people came near the business place of complainant and
demanded a sum of Rs.25,00,000/- and threatened him
with dire consequences etc.
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6. Accused No.1 is the wife, accused No.2 is the
father-in-law and accused No.3 is the brother-in-law of the
complainant. A perusal of the complaint averments goes
to show that the parties are at loggerheads and there are
civil as well as criminal cases pending between them. The
subject matter is confined to an incident which took place
on 28.01.2023, wherein it is alleged that all the three
accused went to the place where the complainant was
selling fish and demanded a sum of Rs.25,00,000/- and
threatened him saying that if the said amount was not
paid they will cause harm to him by paying hafta to
goonda elements.
7. Petitioner is arraigned as accused No.3. It is
submitted that he is employed in Saudi Arabia and the
date on which the alleged incident occurred, he was not
present in India. To buttress the said contention, the
learned counsel for petitioner has enclosed a copy of the
passport at Annexure-D. The entries made in the passport
shows that the petitioner had travelled abroad on
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11.11.2022 and returned to India on 03.06.2023. Hence,
as on the date of incident i.e., 28.01.2023, the presence of
the petitioner at the alleged spot is doubtful. The other
aspects of the case need not be gone into as this Court is
satisfied that the proceedings initiated against the
petitioner is nothing but an abuse of process of the Court.
Hence, the petition deserves to be allowed. Accordingly,
the following:
ORDER
Petition is allowed.
FIR in Crime No.46/2023 and the entire proceedings
as against the petitioner/accused No.3 pending in PCR
No.7/2023 on the file of the Court of JMFC (VII Court)
D.K., Mangaluru is quashed.
I.A.No.1/2024 is disposed of.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
