- 1 - HC-KAR NC: 2025:KHC:22696 CRL.P No. 3725 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3725 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SAFWAN @ MUNGULI, S/O. ALIMONU (WRONGLY SHOWN AS ALIABBA) AGED ABOUT 28 YEARS, R/AT. NO.1-74, AMBEDKARNAGARA, KENJARU, BAJAPE, MANGALURU TALUK, DK DISTRICT – 574 142 PRESENTLY R/AT NO.2-54, HIDAYATHNAGAR, THODARU VILLAGE, BADAGUMIJARU, P.O., MIJAR, DISTRICT DAKSHINA KANNADA-574225 …PETITIONER (BY SRI. M. R. BALAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MOODABIDRI POLICE STATION, MANGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. 2. SRI. RAKSHIT KUMAR S/O. K. UDAYKUMAR, AGED ABOUT 22 YEARS R/AT. SRI GOWRI, KADRIKAMBALA ROAD, MANGALURU TALUK, DK DISTRICT – 575 004 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; R2 IS SERVED & UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22696 CRL.P No. 3725 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 07.08.2019 PASSED BY THE HON’BLE CIVIL JUDGE AND J.M.F.C, MOODBIDRI IN C.C.NO.480/2019 FOR THE ALLEGED OFFENCE P/U/S 143, 147, 148, 341, 504, 427, 323, 324, 506 R/W 34 OF IPC AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS AS AGAINST THE PETITIONER IS CONCERNED BASED ON THE CHARGE SHEET SUBMITTED BY THE RESPONDENT NO.1/ MOODBIDRI POLICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a. Call for entire records in C.C.No.480/2019 pending on the file of Hon’ble Civil Judge and JMFC Moodbidri. b. Set aside the order taking cognizance and issue of process dated 07.08.2019 passed by the Hon’ble Civil Judge and JMFC, Moodbidri in C.C.No.480/2019 for the alleged offences punishable under Sections 143, 147, 148, 341, 504, 427, 323, 324, 506 read with Section 34 of IPC and quash the entire criminal proceedings as against the petitioner is concerned based on the chargesheet submitted by the respondent No.1/ Moodbidri Police. c. Pass such other relief/s as the Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:22696 CRL.P No. 3725 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. Though respondent No.2 is served with notice, he has remained unrepresented and has not chosen to contest this petition. 4. A perusal of the material on record will indicate that initially respondent No.2/complainant filed a complaint on 02.03.2019 registered as FIR in Crime No.46/2019 and presently pending in C.C.No.480/2019 before the Civil Judge and JMFC, Moodbidri for the offences punishable under Sections 143, 147, 148, 341, 504, 427, 323, 324, 506 read with Section 34 of IPC. In this context, it is relevant to state that the petitioner was not initially arraigned as accused but later arraigned as accused in C.C.No.480/2019. Despite there being no legal or acceptable material in this regard, a perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation - 4 - HC-KAR NC: 2025:KHC:22696 CRL.P No. 3725 of 2025 of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 5. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.480/2019 arising out of Crime No.46/2019 on the file of the Civil Judge and JMFC, Moodbidri insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 35