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Karnataka High Court

Atikulla Hussaini vs The State Of Karnataka on 24 March, 2026

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24TH DAY OF MARCH, 2026

BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 201794 OF 2025
(482(Cr.PC)/528 (BNSS))

BETWEEN:

1. ATIKULLA HUSSAINI
S/O LATE SYED SHAH MAHMOOD HUSSAINI
AGED ABOUT 62 YEARS
OCC: AGRICULTURE
R/O DULHAN DARWAZA
KHAN KHA LALAN HUSSAINI
PATALNAGI BIDAR-585401.

2. AMIRULLA HUSSAINI
S/O LATE SYED SHAH MAHMOOD HUSSAINI
AGED ABOUT 67 YEARS
OCC: AGRICULTURE
R/O DULHAN DARWAZA
KHAN KHA LALAN HUSSAINI
PATALNAGI BIDAR-585401.
Digitally signed by
SHIVALEELA
DATTATRAYA UDAGI 3. MUJAFAR
Location: HIGH
COURT OF
S/O ATIKULLA HUSSAINI
KARNATAKA AGED ABOUT 37 YEARS
OCC: AGRICULTURE
R/O DULHAN DARWAZA
KHAN KHA LALAN HUSSAINI
PATALNAGI BIDAR-585401.

4. RASOOL
S/O MAHEMOOD KHAN
AGED ABOUT 57 YEARS
OCC: AGRICULTURE
R/O SHIVNAGAR BIDAR-585401.
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5. SUDHAKAR PATIL
S/O GOPALRAO
AGED ABOUT 67 YEARS
OCC: AGRICULTURE
R/O DEVI COLONY
BIDAR-585401.
...PETITIONERS

(BY SRI. RAVI B. PATIL., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THROUGH NEW TOWN POLICE STATION
BIDAR-585401
REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR
KALABURAGI-585107.

2. MALLIKARJUN
S/O GHALEPPA CHINKOTE
AGED ABOUT 51 YEARS
OCC: PRIVATE WORK
R/O OLD ADARSH COLONY
BIDAR-585401
...RESPONDENTS

(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. VARUN PATIL ADV., FOR R2)

THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE FIR IN
CRIME NO.0159/2023 REGISTERED BY THE RESPONDENT
POLICE FOR THE OFFENCES U/S. 447, 427, 379 R/W 34 OF
INDIAN PENAL CODE, CULMINATING IN C.C.NO.1492/2025
AND THE ORDER OF TAKING COGNIZANCE DATED 22.07.2025
BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT
BIDAR.

THIS PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 12.03.2026, COMING ON FOR
"PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT MADE
THE FOLLOWING:
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CAV ORDER

This petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023, to quash the FIR against

the petitioners/accused Nos.1 to 5 in C.C No.1492/2025

(arising out of Crime No.159/2023 of New Town Police

Station, Bidar), for the offence punishable under Sections

447, 427, 379 r/w 34 of IPC, and the order of taking

cognizance dated 22.07.2025 pending on the file of II

Addl. Senior Civil Judge & JMFC, Bidar.

2. The petitioners have filed this petition seeking

following relief's:

"Wherefore the petitioners most humbly
pray that the Hon'ble Court may kindly be
pleased to quash the FIR in Crime No.159/2023
registered by the respondent Police for the
offences under Sections 447, 427, 379 r/w 34 of
IPC, culminating in C.C.No.1492/2025 and the
order of taking cognizance dated 22.07.2025 by
the Court of II Addl. Senior Civil Judge and
JMFC, Bidar, in the interest of justice and
equity."
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3. Heard the learned counsel for the petitioners

and the learned High Court Government Pleader for the

respondent - State.

4. Learned counsel appearing on behalf of the

petitioners would submit that the impugned proceedings

initiated by the respondent jurisdictional police based on

the alleged complaint is without holding proper

investigation and is contrary to the material documents,

same cannot be sustained either in law or on facts. Hence,

the same is required to be set aside. He further submitted

that the averments of the complaint reveals that the entire

dispute is civil in nature relating to immovable property

and its identification, however the jurisdictional police

acting upon the said complaint has illegally registered the

FIR in a civil disputes between the parties by giving colour

of criminal proceedings. Therefore, the proceedings

initiated as against the petitioners requires to be set aside.

The co-ordinate Bench of this is Court, in Criminal Petition

No.201571/2023 has made specific observation that

jurisdictional police is required to investigate the matter by

taking assistance of Surveyor for surveying the land and
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sites to come to right conclusion as to whether the

property of the complainant is within 01 acre of the land

which was sold in favour of Vijaykumar by accused No.1.

However, the respondent jurisdictional police without

looking into the order passed by this Court and the

observations made therein has proceeded to file a charge

sheet without ascertaining the identity and location of the

property so also without looking into the civil dispute

pending before the competent Civil Court, touching the

issue involved in the proceedings and has proceeded to file

a charge sheet by mere recording the statement of few

interested persons supporting the complainant. Therefore,

the entire charge sheet filed by the respondent

jurisdictional police do not reveal about the offence

constituted by the complainant. Therefore, the order of

cognizance taken by the jurisdictional Magistrate based on

the charge sheet cannot be sustained and requires to be

set aside. He further submitted that there is a civil dispute

pending between the parties in O.S.No.269/2023 on the

file of the Civil Judge and JMFC, Bidar and the dispute

relates to the identity and location of the subject matter as
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claimed by the complainant invoking of criminal

proceedings making false allegation against the petitioners

in collision with the officials of the respondent jurisdictional

Police requires to be set aside. Accordingly, sought for

allowing of the petition. To substantiate his arguments, he

relied upon the following decisions:

(a) Ranadheer Singh Vs. State of U.P. in
Criminal Appeal No.932/2021 arising out of
SLP (Crl.) No.1190/2021.

5. Per contra, learned High Court Government

Pleader appearing for respondent-State opposed to the

petition.

6. I have examined the materials placed before

this Court.

7. On the basis of the complaint filed by

Mallikarjun, the New Town Police, Bidar, have registered

the case in Crime No.159/2023 against the accused Nos.1

to 5 for the offence under Sections 447, 427, 379 r/w 34

IPC. The Co-ordinate Bench of this Court dismissed the

petition filed by the present petitioners in Criminal Petition

No.201571/2023 vide order dated 09.08.2024. After
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investigation, the Investigating Officer has submitted the

charge sheet against the accused for the offence under

Sections 447, 427 r/w 34 IPC. The petitioners have filed

this petition seeking to quash the proceedings in

C.C.No.1492/2025. After investigation, the Investigating

Officer has recorded the statement of eyewitnesses CWs.4

to 6 and conducted panchanama. Thereafter, submitted

the charge sheet against the accused for the alleged

commission of aforesaid offences. In paragraph No.17 of

the charge sheet, it is stated as under:

"17. ೇ ನ ಸಂ ಪ ಾ ಾಂಶ

ಾನ ಘನ ಾ ಾಲಯದ ಮತು ೕದರ ನೂತನ ನಗರ ೕ
!ಾ"ೆಯ #ಾ $ಯ % ಬರುವ ೕದರ ಾ(ೇ) *ೇಔಟದ ಸವ--
ನಂ-59/1 ರ % ಒಂದು /ಾ%0 ನಂ-36 ೇದನು1 ಾ ನಂ-1 ರವರು
ಖ34 ಾ5 ೊಂದ6 ಾ5 ೊಂ5ದು7 ಅದರ ೊಂದ6 ಸಂ9ೆ
2128/2007-08 ಇರುತ;ೆ. /ಾ%<ನ ೊಂದ6 ಾ5 ೊಂಡ ನಂತರ

ಾ ನಂ-1 ರವರ ೕದರ ನಗರಸ>ೆಯ % ಅದರ ಮು?ೇಶನ
ಾ5 ೊಂ5ರು@ಾ ೆ.

ನಂತರ ಾ ನಂ-1 ರವರು ಸದ3 /ಾ%<ನ % ಮ ೆ ಕಟCಲು
/ಾDರಂEೕ ದು7, 4 ಾಂಕ 25/09/2023 ರಂದು ಾಯಂ ಾಲ 6:30
$.ಎG ಗಂ?ೆHಂದ 7:30 $.ಎG ಗಂ?ೆಯ ಅವIಯ % ಾ ನಂ-
1 ರವರು ಅವರ /ಾ%<ನ ಬJ ಇ;ಾ7ಗ ಅ;ೇ ಸಮಯ ೆK ಈ
8

;ೋMಾ ೋಪ"ೆ ಪತDದ ಾಲಂ ನಂ-12 ರ % ನಮೂದು ಾ5ದ
ಆ ೋ$ತರು ಸದ3 ಸOಳ ೆK ಬಂದು /ಾ%<ನ % ಅQಕDಮ ಪD#ೇಶ ಾ5
ನಂತರ ಎಲ%ರೂ ಕೂ5 ೊಂಡು ಮ ೆಯ $ಲ%- (ಾಕುವ ಸಲು#ಾR
ಅSೆದ ಗುಂ5ಯ % ಮರಳT (ಾU ಮುVW ಆಂ;ಾಜು, ರೂ-1,11,185/-
ಗಳನು1 ಲು ಾYನ ಾ5ರು@ಾ ೆ.

ಆ ೋ$ತರು ಾZ7 ಕಲಂ 447,427 [ೊ@ೆ 34 ಐ$ ಪD ಾರ
ಅಪ ಾಧ#ೆಸRರುವ^ದು ೇ ನ ತ_9ೆHಂದ ಧೃಢಪ<Cದು7 ಾರಣ
ಸದ3 ಆ/ಾ4ತರ cರುದd ಈ ;ೋMಾ ೋಪ"ೆ ಪತD ತ ಾ3
ಸ %ಸ*ಾR;ೆ."

8. The petitioners have produced the copy of the

plaint pertaining to O.S.No.269/2023 filed by Sayeda

Khatoon W/o: Late Syed Shah Mahemood Hussaini,

against Mallikarjun S/o: Ghaleppa Chinkote, seeking for

permanent injunction in respect of land bearing

Sy.No.59/1 totally measuring 24 acres and 21 guntas

situated at Aliyabad-J, Tq & Dist: Bidar. The dispute in the

present case is with regard to Sy.No.59/1 bearing Plot

No.36 which was registered bearing No.2128/2007-08. On

the basis of the plaint, at this stage, it is not just and

proper to come to the conclusion that the proceedings