- 1 - HC-KAR NC: 2025:KHC-K:3272 CRL.P No. 200937 of 2025 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) AND: 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 Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3272 CRL.P No. 200937 of 2025 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. - 3 - HC-KAR NC: 2025:KHC-K:3272 CRL.P No. 200937 of 2025 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. - 4 - HC-KAR NC: 2025:KHC-K:3272 CRL.P No. 200937 of 2025 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 - 5 - HC-KAR NC: 2025:KHC-K:3272 CRL.P No. 200937 of 2025 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 List No.: 1 Sl No.: 3 CT:JLR