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High Court of Karnataka · body

2025 DAILYLAW 17352 (KAR)

FAROOQ KHAN v. STATE BY SRIRANGAPATNA RAURAL PS

WP/4699/2023 · 2025-07-02

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 4699 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO. 10868 OF 2022 CRIMINAL PETITION NO. 10984 OF 2022 CRIMINAL PETITION NO. 11276 OF 2022 CRIMINAL PETITION NO. 11355 OF 2022 CRIMINAL PETITION NO. 133 OF 2023 CRIMINAL PETITION NO. 148 OF 2023 CRIMINAL PETITION NO. 155 OF 2023 WRIT PETITION NO. 29456 OF 2024 (GM-RES) IN WP No. 4699/2023 BETWEEN: 1. FAROOQ KHAN S/O LATE FAYAZ KHAN AGED ABOUT 37 YEARS R/AT NO. 397, 7TH CROSS, HAJEEJ SETH NAGARA MYSORE - 560039. 2. JAVID PASHA S/O MUNAVAR PASHA AGED ABOUT 30 YEARS R/AT NO.3211/4, 9TH CROSS, CV ROAD, LASKAR MOHALLA, MYSORE - 570001 3. KADEEM S/O SHABBIR AHAMED AGED ABOUT 31 YEARS, R/AT MASIDI BEEDI, HULLAHALLI, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS NANJANAGOOD TALUK, MYSORE - 571301 4. MOHD ASLAM S/O IQBAL AHAMED AGED ABOUT 40 YEARS, R/AT NO.846, AJIJA SET NAGAR, 1ST CROSS, MYSORE CITY MYSORE - 560039 5. MOHD TOUSHIF S/O MOHD IZAZ AGED ABOUT 26 YEARS, R/AT NILAKHANTA NAGAR, NAGANAGOD TOWN MYSORE - 571301 6. MUBARAK KHAN S/O BABU HK AGED ABOUT 33 YEARS R/AT NO.2613, 2ND CROSS, KUMBARAGERI PULIKESHI ROAD, MANDI MOHALLA, MYSORE - 570001 7. NADEEM S/O MOHD SALAMATAULLA AGED ABOUT 34 YEARS, R/AT NO. 1494, MUSLIM BLOCK, NANJANAGUDU M, MYSORE - 571301 8. NASIRUDDIN S/O JASEEM UDDIEN AGED ABOUT 28 YEARS, R/AT NO.453/1, 11TH CROSS, SHIKANTESHWARA SCHOOL ROAD, - 3 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS UDAYAGIRI, MYSORE - 570019 9. RAHID PASHA S/O MAQBUL PASHA AGED ABOUT 29 YEARS, R/AT NO.2911/ABN STREET, MANDI MOHALLA, MYSORE - 570001 10. SAYYED RIJWAN S/O LATE SAYYED HUSEN AGED ABOUT 37 YEARS, R/AT NO.386, 7TH CROSS, HAJEJI SET NAGA, MYSORE - 560039 11. SHABEER PASHA S/O MUZAHID PASHA AGED ABOUT 30 YEARS, R/AT NO.2613, 2ND CROSS, KUMBARAGERI, PULLKESHSHI ROAD, MANDI MOHALLA, MYSORE - 570001 12. SIDDIQ S/O RIYAZ AHAMAD AGED ABOUT 25 YEARS R/AT MASIDI BEEDI, HULLAHALLI, NANJANAGUDU MYSORE - 571301 13. SIKHANDAR HP S/O PACHAPEER AGED ABOUT 37 YEARS, R/AT NO.416, 5TH CROSS, 2ND STAGE, RAJEEV NAGARA MYSORE - 570001 - 4 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 14. SYED IBRAHIM S/O SAIYUD IQBAL, AGED ABOUT 25 YEARS, R/AT HOUSE NO.440, 18TH CROSS, SHANTHI NAGAR MYSORE - 570019 …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA RURAL PS REP BY PUBLIC PROSECUTOR, OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE - 560001 2. SRIKANTH R AGED ABOUT 41 YEARS, CPI, MALAVALLI RURAL CIRCLE, MALAVALLI, MANDYA - 571430 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COGNIZANCE ORDER DTD 09.07.2019, IN CC NO.416/2019 U/S 143, 144, 147, 188, 149 OF IPC AND U/S 108 OF KARNATAKA POLICE ACT 1963, PASSED BY THE HONBLE ADDL CIVIL JUDGE AND JMFC SRIRANGAPATTANA, PRESENT AT ANNEXURE-D, WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 AND 65 RESPECTIVELY AND ETC., - 5 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS IN CRL.P NO. 10868/2022 BETWEEN: 1. SABEER PASHA S/O MUJAHITH PASHA AGED ABOUT 30 YEARS R/AT NO.2613, 2ND CROSS KUMABARAGERE PULLAKESI NAGARA MANDI MYSURU -570001 2. MAHAMAD TOUSHIF @ TOUSIF S/O MAHAMAD YAJAS @ EJAZ AGED ABOUT 26 YEARS R/AT NEELAKANTA NAGARA, NANJANAGUDU MYSURU -571301 3. KADEEM S/O SHABBIR AHAMAD AGED ABOUT 31 YEARS R/AT MASJID STREET HULLAHALLI VILLAGE MYSURU -571314 4. NASIRUDDIN S/O JASEEMUDDIN AGED ABOUT 28 YEARS R/AT NO. 453, 11TH CROSS SHRIKANTESHWARA SCHOOL ROAD MYSURU -570019 5. SIKHANDAR H P S/O PACHAPEER AGED ABOUT 37 YEARS R/AT NO.416, 5TH CROSS 2ND STAGE, RAJEEV NAGARA - 6 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS MYSURU -570001 6. SIDDIQ S/O RIYAZ AHAMAD AGED ABOUT 25 YEARS R/AT MASJID ROAD, HULLAHALLI VILLAGE NANJANAGUDU TALUK MYSURU -571314 7. NADEEM S/O MAHAMAD SALAMATH ULLA AGED ABOUT 34 YEARS R/AT NO.1494, MUSLIM BLOCK NANAJANAGUDU, MYSURU -571301 8. MAHAMAD ASLAM S/O IQBAL AHAMAD AGED ABOUT 40 YEARS R/AT NO. 846, AJIJ SAIT NAGARA 1ST PHASE, MYSURU MYSURU -570001 9. MUBARAK KHAN S/O H K BABU AGED ABOUT 33 YEARS R/AT NO.2613, 2ND CROSS KUMBARAGERI, PULLAKESHA ROAD MYSURU -570001 ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA P S REP BY PUBLIC PROSECUTOR - 7 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP VIDHANA SOUDHA BANGALORE -560001 2. AZARUDDIN PSI AGED ABOUT 41 YEARS MANDYA RURAL POLICE STATION MANDYA -571426 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1.SET ASIDE THE COGNIZANCE ORDER DATED 16.02.2019, IN C.C.NO.180/2019 UNDER SEC.143,144,147,188,149 OF IPC AND U/S 108 OF KARNATAKA POLICE ACT 1963, PASSED BY THE HONBLE ADDL.CIVIL JUDGE AND J.M.F.C SRIRANGAPATTANA, PRESENT AT ANNEXURE-D AND ETC., IN CRL.P NO. 10984/2022 BETWEEN: 1. SAIYADA IBRAHIM @ SYED IBRAHIM S/O SAIYADA ANJUM AGED ABOUT 25 YEARS R/AT 18TH CROSS, SHANTI NAGAR MYSURU -570019 2. MAHAMAD TOSIF @ TOUSIF S/O MAHAMAD YAJAJ @ EJAZ AGED ABOUT 53 YEARS R/AT NILAKANTA NAGAR NANJANAGUD, MYSURU - 571 305 - 8 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 3. SABEER PASHA @ SHABBIR PASHA S/O MUJAHITH PASHA AGED ABOUT 30 YEARS R/AT NO.2613, 2ND CROSS KUMARAGERI PULLAKESHI ROAD MANDI M, MYSURU CITY -570001 4. SAIYADA RIJWANA @ SYED RIZWAN S/O SAIYADA HUSENA AGED ABOUT 37 YEARS R/AT NO.386, 7TH CROSS HAJIJA SETA NAGAR MAHADEVAPURA MYSURU -570019 5. NADEEM S/O SALAMATH ULLA AGED ABOUT 34 YEARS R/AT NO.1494, MUSLIM BLACK, NANJANGUD MYSURU -571305 6. FAROOQ KHANA @ KHAN S/O PAYAZA KHAN AGED ABOUT 37 YEARS R/AT NO.397, 7TH CROSS HAJIJA SET NAGARA MYSURU -571305 7. SIKHANDRA H P @ SIKANDER S/O PACHACHARA @ PACHAPEER AGED ABOUT 37 YEARS R/AT NO.416, 5TH CROSS 2ND MAIN, RAJEEV NAGAR MYSURU -570001 - 9 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 8. NASIRODDINA @ NASIRUDDIN S/O JASIMUDDINA AGED ABOUT 28 YEARS R/AT NO.453/1, 11TH CROSS UDAYAGIRI, MYSURU -570019 9. MUBAARAKA KHANA @ MUBARAK KHAN S/O BABU H K AGED ABOUT 33 YEARS R/AT NO.2613, 2ND CROSS KUMBARAGERE PULLAKESI NAGAR MANDI MYSURU -570001 10. MAHAMAD ASAMA @ ASLAM S/O EKABALA AHAMADA AGED ABOUT 40 YEARS R/AT NO.846, AJIJA SET NAGAR 1ST CROSS, MYSURU -570019 11. SIDDIK S/O RIYAZA AHAMADA AGED ABOUT 25 YEARS R/AT MASIDI BEEDI HULLAHALLI MYSURU -571314 12. KADIM S/O SHABEER AHAMADA AGED ABOUT 31 YEARS R/AT MASIDE BEEDI HULLAHALLI NANJANGUD TALUK MYSURU -571314 ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) - 10 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS AND: 1. STATE BY SRIRANGAPATNA P S REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP VIDHANA SOUDHA BANGALORE -560001 2. RAVINDRA C M POLICE OFFICER AGED ABOUT 47 YEARS CPI, SRIRANGAPATNA CIRCLE MANDYA -571 438 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE COGNIZANCE ORDER DATED 03.02.2019 PRESENT AT ANNEXURE-D IN C.C.NO.140/2019 U/S.143,144,147,188,149 OF IPC AND SEC.108 OF KARNATAKA POLICE ACT 1963 PASSED BY THE HONBLE ADDITIONAL CIVIL JUDGE AND JMFC SRIRANGAPATTANA AND ETC., IN CRL.P NO. 11276/2022 BETWEEN: 1. NASIRUDDIEN @ NASIRUDDIN S/O JASEEM UDDIEN AGED ABOUT 28 YEARS R/AT NO.453/1, 11TH CROSS SHRIKANTESHWARA SCHOOL ROAD UDAYAGIRI, MYSURU - 570019 - 11 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 2. SIKHANDAR S/O PACHA PEER AGED ABOUT 37 YEARS R/AT NO 416, 5TH CROSS, 2ND STAGE RAJEEV NAGARA, MYSURU - 570001 3. MUBARAK KHAN S/O BABU H K AGED ABOUT 33 YEARS R/AT NO 2613, 2ND CROSS, KUMABARAGERI PULIKESHI ROAD MANDI MOHALLA MYSURU - 570001 4. NADEEM S/O SALAMATHULLA AGED ABOUT 34 YEARS R/AT NO 1494, MUSLIM BLOCK NANJANAGUDU, MYSURU - 571602 5. MAHAMAD ASLAM S/O IKBAL AHAMAD AGED ABOUT 40 YEARS R/AT NO 846, AJEEJSET NAGAR 1ST STAGE, MYSURU - 570001 6. SIDDIQ S/O RIYAZ AHAMAD AGED ABOUT 25 YEARS R/AT MASEEDI BEEDI HULLAHALLI NANJANAGUDU, MYSURU - 571314 7. KHADEEM S/O SHABEER AHAMAD AGED ABOUT 31 YEARS - 12 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS R/AT MASIDI BEEDI HULLAHALLI NANJANAGUDU, MYSURU - 571314 8. MAHAMAD TOUSIF S/O MAHAMAD YAJASH @ EJAZ AGED ABOUT 26 YEARS R/AT NEELAKANTA NAGARA NANJANAGUDU, MYSURU - 571301 9. SAYYAD RIJWAN @ SYED RIZWAN S/O SAYYAD HUSEN AGED ABOUT 37 YEARS R/AT NO 386, 7TH CROSS HAJEEJ SET NAGARA MYSURU - 570001 10. SABEER PASHA S/O MUJAHIT PASHA AGED ABOUT 30 YEARS R/AT NO 2613, 2ND CROSS KUMBARAGERI BEEDI, PULIKESHI ROAD MANDI MOHALLA MYSURU - 570001 11. SAYYAD IBRAHIM @ SYED IBRAHIM S/O SAYYAD ANJOOM AGED ABOUT 25 YEARS R/AT 18TH CROSS, SHANTI NAGAR SHANTI NAGAR, MYSURU - 570019 12. FAROOQ KHAN S/O LATE FAYAJ KHAN AGED ABOUT 37 YEARS R/AT NO 397, 7TH CROSS HAJEEJ SETH NAGARA - 13 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS MYSURU - 570001 ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA P.S REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP VIDHANA SOUDHA BANGALORE - 560001 2. BHAVITHA N M POLICE OFFICER AGED ABOUT 41 YEARS PSI, ARAKERE POLICE STATION SRIRANGAPATNA TALUK, MANDYA -571438 ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE COGNIZANCE ORDER DATED 08.02.2019 IN C.C.NO.179/2019 U/S 143,144,147,188,149 OF IPC AND U/S 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY THE HONBLE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA, PRESENT AT ANNEXURE-D AND ETC., IN CRL.P NO. 11355/2022 BETWEEN: 1. SHABBIR PASHA S/O MUJAHIT PASHA AGED 32 YEARS R/AT NO.2613, 2ND CROSS KUMBARAGERI PILLIKESHI ROAD MANDI - 14 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS MYSORE - 570001 2. SYED IBRAHIM S/O SYED ANJUM AGED 26 YEARS R/AT NO.440, 18TH CROSS, SHANTHI NAGAR MYSORE - 570019 3. SYED RIJVAN @ RIZWAN S/O SYED HUSEN AGED 38 YEARS R/AT NO.386, 7TH CROSS, HALEJI SET NAGAR MYSURU - 570001. 4. SIKHINDRA H P @ SIKHANDAR S/O PACHAPEER AGED 38 YEARS R/AT NO.416, 5TH CROSS, RAJEVU NAGAR @ RAJIV NAGAR MYSURU - 570001 5. NASIRUDDIN S/O JASEEMUDDIN AGED 29 YEARS R/AT NO. 453/01, 11TH CROSS, SRIKANTESHWAR SCHOOL ROAD UDAYAGIRI, MYSURU - 570 019 6. MUBARAK KHANA @ KHAN S/O BABU H K AGED 34 YEARS R/AT NO. 2613, 2ND CROSS, KUMARAGERI PILLAKESI ROAD MANDI MYSURU - 570001 - 15 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 7. NADEEM S/O MAHAMAD SALAMATA ULLA AGED 35 YEARS R/AT NO. 1494, MUSALIM BLACK NARAGUNDA ALIAS NANJANAGUD MYSURU - 571 301 8. MAHAMAD ASALAM @ ASLAM S/O EKABALA AHAMADA AGED 41 YEARS R/AT NO.846, AJIJ STREET NAGAR 1ST CROSS, MYSURU - 570019 9. SIDDIK S/O RIYAZ AHAMAD AGED 26 YEARS R/AT MASIDI BEEDI HULLAHALLI NANJANAGUD TALUK MYSURU - 571 301 10. KADIM S/O SHABEER AHAMAD AGED 32 YEARS R/AT MASIDI BEEDI HULLAHALLI NANJANAGUD TALUK MYSURU - 571301 11. MAHAMAD TOSIF @ TOUSIF S/O MAHAMAD YAJAJ AGED 27 YEARS R/AT NILAKANTA NAGAR, NANJANAGUD TALUK MYSURU -571 305 ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) - 16 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS AND: 1. STATE BY SRIRANGAPATNA PS REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP VIDHANA SOUDHA BANGALORE - 560001 2. SHIVAMANJU PSI AGED 60 YEARS KOPPA POLICE STATION MANDYA - 571 426 ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1. SET ASIDE THE COGNIZANCE ORDER DATED 27.10.2018 IN C.C.NO.656/2018 U/S 143, 144, 147, 188, 149 OF IPC AND SECTION 108 OF KARNATAKA POLICE ACT 1963, PASSED BY THE HONOURABLE ADDITIONAL CIVIL JUDGE AND J.M.F.C., SRIRANGAPATTANA, PRESENT AT ANNEXURE-D AND ETC., IN CRL.P NO. 133/2023 BETWEEN: 1. RAHID PASHA S/O MAKBUL PASHA, AGED ABOUT 30 YEARS, R/AT NO. 2911/A, B.N. STREET, MANDI MOHALLA, MYSORE-570 021. 2. JAVID PASHA S/O. MUNAVAR PASHA, AGED ABOUT 31 YEARS, - 17 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS R/AT NO. 3211/4, 9TH CROSS, C.V. ROAD, LASHKAR MOHALLA, MYSORE-570 001. ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA P.S., REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE-560 001. 2. BHAVITHA. N. M. POLICE OFFICER, AGED ABOUT 41 YEARS, PSI, ARAKERE POLICE STATION, SRIRANGAPATNA TALUK, MANDYA-571 438. ...RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE COGNIZANCE ORDER DATED 08.02.2019 IN C.C.NO.179/2019 U/S 143,144,147,188, 149 OF IPC AND UNDER SECTION 108 OF KARNATAKA POLICE ACT 1963, PASSED BY THE HONBLE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA PRESENT AT ANNEXURE-D AND ETC., IN CRL.P NO. 148/2023 BETWEEN: 1. RAHID PASHA S/O. MAKUBULA PASHA, AGED ABOUT 30 YEARS, - 18 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS R/AT NO. 2911/A, B. N. STREET, MANDI MOHALLA, MYSORE-570 021. 2. JAVID PASHA S/O. MUJAVR PASHA, AGED ABOUT 31 YEARS, R/AT NO. 3211/4, 9TH CROSS, C.V. ROAD, LASHKAR MOHALLA, MYSORE-570 001. ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA P.S., REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE-560 001. 2. SHIVAMANJU PSI AGED ABOUT 60 YEARS, KOPPA POLICE STATION, MANDYA-571 426. ...RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE COGNIZANCE ORDER DATED 27.10.2018 IN C.C.NO.656/2018 U/S 143,144,147,188,149 OF IPC AND U/SEC. 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA PRESENT AT ANNEXURE-D AND ETC., - 19 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS IN CRL.P NO. 155/2023 BETWEEN: 1. RAHID PASHA S/O. MAQBUL PASHA, AGED ABOUT 30 YEARS, R/AT NO. 2911/A, B.N. STREET, MANDI MOHALLA, MYSORE-570 021. 2. JAVEED PASHA S/O. MUNAVAR PASHA, AGED ABOUT 31 YEARS, R/AT NO. 3211/4, 9TH CROSS, C.V. ROAD, LASHKAR MOHALLA, MYSORE-570 001. ...PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SRIRANGAPATNA P.S., REP BY PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE-560 001. 2. AZARUDDIN PSI AGED ABOUT 41 YEARS, MANDYA RURAL POLICE STATION, MANDYA-571 426. ...RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE - 20 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE COGNIZANCE ORDER DATED 16.02.2019 IN C.C.NO.180/2019 U/S 143,144,147,188,149 OF IPC AND SEC. 108 OF KARNATAKA POLICE ACT, 1963 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATTANA PRESENT AT ANNEXURE-D AND ETC., IN WP NO. 29456/2024 BETWEEN: 1. VASIM S/O LATE AKRAM PASHA AGED ABOUT 34 YEARS R/AT SHABBEEAR NAGARA HUNUSUR TOWN, MYSORE DIST - 571105 ...PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY HUNUSUR TOWN P.S REP BY STATE PUBLIC PROSECUTOR OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX, OPP VIDHANA SOUDHA BANGALORE-560001 2. PRABHAKAR HC-287, AGED ABOUT 46 YEARS, HUNUSUR TOWN POLICE STATION, HUNSUR-571105 ...RESPONDENTS (BY SRI.M.R.PATIL, HCGP FOR R1; R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN SC 184/2019 FOR THE ALLEGED OFFENCES UNDER SECTION 186,353,307 OF IPC AT ANNX- - 21 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS D, NOW PENDING BEFORE THE HONBLE PRL.DIST.AND SESSION JUDGE AT MYSORE WHEREIN THE PETITIONER ARRAYED AS ACCUSED NO.1 AND ETC., THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI COMMON ORDER In these Writ Petitions and criminal petitions filed under Article 227 of the Constitution of India r/w Section 482 and Section 482 of the Code of Criminal Procedure; 2. Petitioners in WP No.4699/2023 who are arraigned as accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, are seeking quashing of criminal proceedings initiated against them in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; - 22 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 3. Petitioners in Crl.P.No.10868/2022 who are arraigned as accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 4. Petitioners in Crl.P.No.10984/2022 who are arraigned as accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 are seeking quashing of criminal proceedings initiated against them in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; - 23 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 5. Petitioners in Crl.P.No.11355/2022 who are arraigned as accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 are seeking quashing of criminal proceedings initiated against them in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 6. Petitioners in Crl.P.No.133/2023 who are arraigned as accused Nos.31 and 42 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 7. Petitioners in Crl.P.No.148/2023 who are arraigned as accused Nos.39 and 64 are seeking quashing - 24 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS of criminal proceedings initiated against them in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 8. Petitioners in Crl.P.No.155/2023 who are arraigned as accused Nos.17 and 40 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 9. Petitioners in Crl.P.No.11276/2022 who are arraigned as accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and 57 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and - 25 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 10. Petitioner in W.P.No.29456/2024 who are arraigned as accused No.1 seeking quashing of criminal proceedings initiated against them in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC; 11. In support of the petitions, the petitioners have contended that according to the prosecution on 10.11.2017, during Tippu Sultan Jayanthi, from 6.00 p.m. of 09.11.2017 to 6.00 a.m. on 11.11.2017, curfew was imposed and procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. Despite the same, around 170 to 250 people including the petitioners - 26 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of IPC and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed. 11.1 The Court can take cognizance in respect of offence punishable under Section 188 of IPC only on a complaint in writing of public servant concerned or of some other public servant to whom he is administratively subordinate and it is mandatory in nature. In the light of the same, the proceedings against the petitioners are liable to be quashed. 12. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: (i) Fairoz Ulla Shariff @ Shariff and others Vs.State by Lashkar PS and another (Fairoz Ulla)1 1 WP No.5415/20522 dated 25.07.2022 - 27 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS (ii) Salman and others Vs. State by Hunsur Town PS and another (Salman)2 13. Heard arguments and perused the record. 14. Thus, the allegations against the petitioners are that in the back drop of Tippu Sultan Jayanthi, there was prohibitory order issued by the Deputy Commissioner, according to which procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. In this regard, police personnel were on duty. However, around 170 to 250 people including the petitioners took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of IPC and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed. 2 Crl.P.No.7868/2022 dated 01.09.2022 - 28 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 15. The learned counsel for petitioners submitted that as per Section 195 Cr.P.C in case of prosecution for contempt of lawful authority of public servants, for offences against public justice and for offence relating to documents given in evidence, the Court is required to take cognizance only on a complaint filed under Section 200 Cr.P.C by the public servant or the Court as the case may be. However, in the present case on the basis of first information of the police officer, criminal case was registered and ultimately, charge sheet is filed. In the absence of complaint by the public servant, the Court cannot take cognizance. 16. In the light of the fact that the main offence alleged is punishable under Section 188 of the IPC, which is covered by 195 of Cr.P.C, the complaint was required to be filed either by the officer issuing the prohibitory order or an officer above his rank. Admittedly, the prohibitory order was issued by the Deputy Commissioner. However, the complaint under Section 200 of Cr.P.C is not filed by - 29 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS the Deputy Commissioner or an officer above his rank, but the investigation was initiated on the basis of first information given by a police officer. Therefore, the trial Court has erred in taking cognizance and as such the criminal proceedings are liable to be quashed and accordingly the following: ORDER (i) W.P.No.4699/2023 filed by accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, is allowed. The criminal proceedings in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (ii) Crl.P.No.10868/2022 filed by accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences - 30 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 are quashed. (iii) Crl.P.No.10984/2022 filed by accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 is allowed. The criminal proceedings in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (iv) Crl.P.No.11355/2022 filed by accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (v) Crl.P.No.133/2023 filed by accused Nos.31 and 42 is allowed. The criminal proceedings in - 31 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (vi) Crl.P.No.148/2023 filed by accused Nos.39 and 64 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (vii) Crl.P.No.155/2023 filed by accused Nos.17 and 40 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (viii) Crl.P.No.11276/2022 filed by accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and - 32 - HC-KAR NC: 2025:KHC:24975 WP No. 4699 of 2023 C/W CRL.P No. 10868 of 2022 CRL.P No. 10984 of 2022 AND 6 OTHERS 57 is allowed. The criminal proceedings in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (ix) W.P.No.29456/2024 filed by accused No.1 is allowed. The criminal proceedings in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC is hereby quashed. (x) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 50