Karnataka High Court
Abdul Jaleel vs State Of Karnataka on 26 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC:12976
CRL.P No. 6569 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.6569/2023 (482(Cr.PC) /
528(BNSS)-)
BETWEEN:
ABDUL JALEEL
S/O MOHAMMED
AGED ABOUT 30 YEARS
R/AT NEAR PALAHA SCHOOL
PILIKURU, TALAPPADI VILLAGE AND POST
MANGALURU - 575 023.
...PETITIONER
(BY SRI. SACHIN K. NAIK, ADV., FOR
Digitally signed SRI. S. RAJASHEKAR, ADV.,)
by LAKSHMI T
Location: High AND:
Court of
Karnataka 1. STATE OF KARNATAKA
BY ULLAL POLICE STATION
MANGALURU, D.K. DISTRICT
REPRESENTED BY STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. T.K. ABDUL RAHIMAN
S/O LATE T.K. MOOSA KUNHI
AGED ABOUT 53 YEARS
R/AT KOLANGERE, PILIKURU
TALAPPADI VILLAGE
MANGALURU TALUK- 575 023.
...RESPONDENTS
-2-
NC: 2025:KHC:12976
CRL.P No. 6569 of 2023
(BY SMT. RASHMI PATEL, HCGP FOR R1
NOTICE ISSUED TO R2 IS D/W V/O/DTD:14.09.2023)
THIS CRL.P IS FILED U/S 482 CR.P.C. PRAYING TO
QUASH THE PROCEEDINGS INITIATED AGAINST HIM IS SPLIT
UP CASE IN C.C.NO.1487/2015 ON THE FILE OF THE JMFC (III)
COURT AT MANGALURU FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 323, 324,
354, 504, 506 R/W 149 IPC PURSUANT TO REGISTRATION OF
THE FIR IN CRIME NO.126/2012 BY ULLAL POLICE STATION
WHICH IS ORDERED DATED 28.12.2022 TO BE REGISTERED
AS LONG PENDING CASE IN REGISTER NO.XIII BY ALLOWING
THIS PETITION AND GRANT SUCH OTHER AND FURTHER
RELIEF'S AS THIS HON'BLE COURT DEEMS FIT AND PROPER
UNDER THE CIRCUMSTANCES OF THIS CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the proceedings in
split-up CC No.1487/2015 pending on the file of JMFC-III
Court, Mangalore, registered by Ullal Police Station,
Dakshina Kannada, for offence punishable under Section
143, 147, 148, 341, 504, 323, 324, 506 r/w 149 IPC.
2. Cr.No.126/2012 was registered at Ullal Police
Station, Dakshina Kannada, against eight accused for the
NC: 2025:KHC:12976
aforementioned offences, on a complaint lodged by
T.K.Abdul Rahiman.
3. It is the case of prosecution that on 5.6.2012 at
about 6.30 p.m., at Talapady village, near Pilikoor bus
stop, all the accused formed an unlawful assembly and
wrongfully restrained the complainant, abused in filthy
language and assaulted him as well as his wife-CW2 with
hands, wooden club and also outraged her modesty and
threatened her with dire consequences etc.
4. After the charge sheet was filed, accused No.2,
4 and 6 failed to appear before the trial Court. Hence,
case against them was split up. Trial proceeded against
accused Nos.1, 3, 5, 7 and 8 in CC No.1291/2013 on the
file of JMFC-III Court at Mangalore.
5. It is not in dispute that, trial conducted against
the above named accused has been concluded, whereby
the learned Magistrate vide judgment dated 14.6.2018 has
acquitted them of all the charged offences.
NC: 2025:KHC:12976
6. Petitioner is arraigned as accused No.6 in the
charge sheet. In the split-up case, he is arraigned as
accused No.3. The learned Magistrate while acquitting
accused Nos.1, 3, 5, 7 and 8 has taken into consideration
that the independent witnesses have not supported the
prosecution case and there was a dispute regarding
payment of maintenance to PW1-first wife. It is observed
that in order to escape from his liability for payment of
maintenance, PW1 registered a case against the family
members of his first wife.
7. The judgment passed in CC No.1291/2013 has
become final as there is no challenge to the said
judgment either by the State or by the complainant. The
allegations against all the accused are similar. The
evidence the prosecution intends to rely against the
present petitioner is one and the same. Trial already held
against other accused has been ended in acquittal.
Hence, no purpose will be served in continuing the
NC: 2025:KHC:12976
proceedings against the petitioner, which will be a futile
exercise. Hence, the following:
ORDER
i. Petition is allowed.
ii. The proceedings against the petitioner/accused
No.3 in split-up case in CC No.1487/2015 pending on the
file of JMFC-III Court, Mangalore, arising out of
Cr.No.126/2012 of Ullal Police Station, Dakshina Kannada,
are quashed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
TL
