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2025 DAILYLAW 17628 (KAR)

MUSTAFA @ MOHAMMED MUSTAFA v. THE STATE OF KARNATAKA

CRL.P/6392/2020 · 2025-06-27

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6392 OF 2020 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MUSTAFA @ MOHAMMED MUSTAFA S/O ISMAIL, AGED ABOUT 32 YEARS R/AT SALE THOTA MANE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K-575016. 2. K MAYYADDI S/O KHADRI BYARI AGED ABOUT 47 YEARS R/AT NO.103, KEMPUGUDDE ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 3. BADRUDDIN @ MD. BADRUDDIN S/O ISMAIL AGED ABOUT 27 YEARS R/AT SALE THOTA MANE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 4. RIYAZ S/O ISMAIL, AGED ABOUT 34 YEARS R/AT SALE THOTA MANE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 ULAI BETTU VILLAGE AND POST, MANGALORE, D.K-575016. 5. K MOHAMMED JALEEL S/O KHADRI BYARI, AGED ABOUT 38 YEARS R/AT KEMPUGUDDE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 6. ARIF @ BAVA MOHAMMED ARIF S/O B H BAVA AGED ABOUT 33 YEARS R/AT ACHARIBETTU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K-575016. 7. ASHRAF @ MOHAMMED ASHRAF SALE S/O HYDROS BYARI AGED ABOUT 33 YEARS R/AT ACHARIBETTU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 8. ILLYAS S/O ABDUL KHADAR AGED ABOUT 33 YEARS R/AT KEMPUGUDDE HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 9. MOHAMMED ASHRAF S/O U H AHMED AGED ABOUT 24 YEARS R/AT BORUGUDDE HOUSE, - 3 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 10. MOHAMMED ASIF @ BAVA ASIF B H S/O B H BAVA AGED ABOUT 34 YEARS R/AT ACHARIBETTU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 11. BAVA ALTHAF CHABUDDIN S/O B H BAVA AGED ABOUT 28 YEARS R/AT ACHARIBETTU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 12. MOHAMMED AJARUDDIN S/O HASANABBA AGED ABOUT 25 YEARS R/AT KUKKE PADPU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 13. IBRAHIM S/O SEEDI BYARI AGED ABOUT 31 YEARS R/AT ACHARIBETTU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 14. YUSUF S/O MAYI BYARI AGED ABOUT 34 YEARS R/AT ULAI BETTU JUNCTION, - 4 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 BEHIND NEW MASJID, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K-575016. 15. NIJAM S/O SAHUL HAMEED AGED ABOUT 26 YEARS R/AT BORGUDDE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 16. ARIS S/O HASSAN AGED ABOUT 28 YEARS R/AT KEMPUGUDDE HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 17. FAROOQ S/O KHADRI BYARI AGED ABOUT 34 YEARS R/AT KEMPUGUDDE HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. 18. ABDUL MAJID S/O ISMAIL AGED ABOUT 30 YEARS R/AT KEMPUGUDDE HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K-575016. 19. MUSTAFA @ MOHAMMED MUSTAFA S/O HASANABBA, AGED ABOUT 28 YEARS - 5 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 R/AT SALE THOTA MANE, ULAI BETTU VILLAGE AND POST, MANGALORE, D.K.-575016. …PETITIONERS (BY SRI.SAGAR.N, ADVOCATE FOR SRI. MOHAMMED FARUKE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MANGALORE RURAL POLICE, DAKSHINA KANNADA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001. 2. KUM. SOWMYA D/O LATE SANJEEVA SAPALIGA R/AT AACHEBAILU HOUSE, ULAI BETTU VILLAGE AND POST, MANGALORE TALUK, D.K.-575016. …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 QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.971/2018 (IN CR.NO.422/2014) FOR THE OFFENCE P/U/S 427,341,143,147,148,324,326, 397,307,354 R/W 149 OF IPC PENDING ON THE FILE OF J.M.F.C.-III COURT, MANGALURU, D.K. VIDE ANNEXURE-A AND THIS CRL.P BE ALLOWED WITH COST THROUGHOUT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:22594 CRL.P No. 6392 of 2020 CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioners has filed a memo seeking permission of this Court to withdraw the petition as not pressed with liberty to the petitioner to file a fresh petition. 2. The aforesaid memo is placed on record. 3. In the light of the memo, the petition is dismissed as not pressed with liberty to the petitioner to file a fresh petition, if so permissible under law. 4. In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 24