- 1 - NC: 2025:KHC-K:2072 CRL.P No. 200556 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200556 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-566361. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH GANDHI CHOWK POLICE STATION, VIJAYAPURA, DIST. VIJAYAPURA-566361, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-564907. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO, QUASH THE ORDER OF TAKING COGNIZANCE AND ISSUE PROCESS DATED 24.12.2024 PASSED BY PRL. MAGISTRATE JUVENILE JUSTICE BOARD, VIJAYAPRUA, IN J.C NO. 55/2024(ARISING OUT OF GANDHI CHOWK PS CRIME NO. 360/2008 FOR THE OFFENCES PUNISHABLE U/SEC 298, 153A, 124A, R/W 149 IPC AND SEC 11, 13, 15 AND 18 OF UNLAWFUL ACTIVITIES PREVENTION ACT, 1967 AND AMENDMENT ORDINANCE 2004. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2072 CRL.P No. 200556 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner is before this Court seeking to quash the order of taking cognizance and issuance of process dated 24.12.2024 in J.C No.55/2024 passed by Principal Magistrate, Juvenile Justice Board, Vijayapura. The petitioner is arraigned as accused No.3 in Crime No.360/2008 for the offences punishable under Sections 298, 153A, 124A r/w 149 of IPC and Sections 11, 13, 15 and 18 of Unlawful Activities Prevention Act, 1967 and Amendment Ordinance, 2004. Factual matrix of the case: 2. The case of the prosecution is that, accused No.1 said to be an active member of banned ‘SIMI’ Association in India was in conspiracy with accused Nos.2, 4 to 15 and the juvenile offender accused No.3 by frequently visiting the mosque and illegally conducted association and joined likeminded persons and also used to collect donation from different parts of Vijayapura to do some - 3 - NC: 2025:KHC-K:2072 CRL.P No. 200556 of 2025 criminal activities. On 04.12.2008, pamphlets were distributed and also pasted on the walls of different parts of the city in order to bring hatredness between the communities. Therefore, a case came to be registered against the petitioner. The investigation has been completed and charge sheet has been submitted. 3. Heard Shivanand V.Pattanashetti, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that the learned Magistrate has taken cognizance in the absence of sanction which was required to be given by the State Government or Central Government as specified under Section 196 of Cr.P.C and also under Section 45 of the Unlawful Activities and Prevention Act, 1967. The sanction accorded after the cognizance being taken by the learned Magistrate does not contain the name of accused No.3. In the absence of sanction, the order of taking cognizance has to be vitiated. However, the Trial Court without considering the - 4 - NC: 2025:KHC-K:2072 CRL.P No. 200556 of 2025 said aspect took cognizance and issued summons, which is bad in law. 5. It is further submitted that the petitioner was a juvenile offender at the time when the alleged incident had taken place. Accused Nos.1, 2, 4 to 15 have faced the trial in S.C No.48/2012 on the file of I Additional Sessions Judge, Vijayapura. The learned Sessions Judge conducted the trial and after appreciating the evidence on record, acquitted the accused Nos.1, 2, 4 to 15 for the offences alleged against them. Therefore, the petitioner is also entitled for the same relief, as he is also standing on the same footing. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent - State controverted the submission of the learned counsel for the petitioner and he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties, it is appropriate to refer the judgment made - 5 - NC: 2025:KHC-K:2072 CRL.P No. 200556 of 2025 available by the learned counsel for the petitioner in SC No.48/2012. 8. Having considered the judgment of acquittal passed by the Trial Court in respect of other accused, I am of the considered opinion that the said benefit is required to be extended to the petitioner as he is also standing on the same footing. 9. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The order of taking cognizance and issuance of process dated 24.12.2004 passed by the Principal Magistrate, Juvenile Justice Board, Vijayapura in J.C No.55/2004 arising out of crime No.360/2008, is quashed. SD/- (S RACHAIAH) JUDGE SRT/UN List No.: 1 Sl No.: 22 CT:PK