Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6573 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1. FAYAZ @ MOHAMMAD FAYAZ S/O ADAM BAWA @ BAWAKKA, AGED ABOUT 30 YEARS, R/AT: BANDARI PAVILLION APARTMENT, 4TH FLOOR, FLAT NO.402, KAVOOR, BADRIYA JUMMA MASJID ROAD, KAVOOR, MANGALURU, D.K. DISTRICT-575 015. 2. KALANDAR BASHA @ BASHA @ KALANDAR S/O IBRAHIM BAWA CHAYABBA, AGED ABOUT 37 YEARS, R/AT: AL-FAROOQ, NEAR JUMMA MASJID, SHANTHINAGARA, KAVOOR, MANGALURU, D.K. DISTRICT-575 015. 3. NASIRUDDIN @ NASIR S/O MOHAMMAD, AGED ABOUT 36 YEARS, R/AT: NEAR KULA MASJID, KUNJATH BAIL, KAVOOR, MANGALURU, D.K. DISTRICT-575 015. Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
4. ABDUL ISHAM S/O LATE K. NAZEER, AGED ABOUT 29 YEARS, R/AT: NEW ARABI KHAN HOUSE, PINTO VALUE, BACKSIDE OF K.I.O.C.L QUARTERS, KAVOOR, MANGALURU, D.K. DISTRICT-575 015. 5. AFFAN ABDUL REHAMAN S/O ABDUL REHAMAN, AGED ABOUT 34 YEARS, R/AT: S.A.MANZIL, SUNKADAKATTE, KADABA TALUK, D.K.DISTRICT-574 221. 6. AFEEZ S/O LATE HAMZA, AGED ABOUT 25 YEARS, R/AT: 8-4-110, CPC COMPOUND, KUDROLI, MANGALURU, D.K. DISTRICT-575 003. 7. ATHAULLA JOKATTE S/O ABDUL RAHIMAN, AGED ABOUT 45 YEARS, R/AT: NO.3/191/2, ZAHARABAD HOUSE, M.P. ROAD, JOKATTE, 62 THOKUR VILLAGE, MANGALURU, D.K.DISTRICT-575 030. 8. NAWAZ ULLAL S/O LATE ISMAIL, AGED ABOUT 44 YEARS R/AT: MASTER COMPOUND, MASTIKATTE ULLAL, MANGALORE, D.K.DISTRICT-575 017. - 3 -
NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
9. ABDUL JALEEL K @ JALEEL KRISHNAPURA S/O LATE CHEYYABBA, AGED ABOUT 41 YEARS, R/AT: HOUSE NO.1/13/1, ASHRAF COTTAGE, YUSUF NAGAR, KANNUR, MANGALORE, D.K. DISTRICT-575 007. NOW RESIDING AT:
FLAT NO.201, KAMALDEEPA APARTMENT, OLD KENT ROAD, PANDESHWARA, MANGALORE, D.K. DISTRICT-575 001,
10. MOHAMMED SHARIEF @ SHARIEF PANDESHWARA, S/O HAMEED MOIDEEN, AGED ABOUT 39 YEARS, R/AT: HOUSE NO.19-5-329/1, H.M.S. COMPOUND, NEAR RAILWAY TRACK, PANDESHWARA, MANGALORE, D.K. DISTRICT-575 001. 11. MUZAIR AHMED @ MUZAIR KUDROLI S/O LATE HAMZA, R/AT: HOUSE NO.8-4-1210, C.P.C. COMPOUND, KUDROLI, D.K. DISTRICT-575 003. 12. NOUFAL KUDROLI S/O HAMZA, R/AT: HOUSE NO.8-4-1210, C.P.C. COMPOUND, KUDROLI, MANGALORE, D.K. DISTRICT-575 003. - 4 -
NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
13. ABDUL MAJEED @ MAJEED JOKATTE S/O MOOSABBA, R/AT: NEAR KBS, JOKATTE, 62 THOKUR VILLAGE, MANGALORE, D.K. DISTRICT-575 030. …PETITIONERS (BY SRI.
LETHIF B., ADVOCATE) AND:
THE STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION, D.K. DISTRICT REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1000/2020 OF MANGALORE NORTH POLICE STATION, D.K. DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 148, 504, 506, 353, 332, 120(B), 109, R/W 149 OF IPC, WHICH IS PENDING ON THE FILE OF J.M.F.C.-II COURT AT MANGALURU, WHICH IS PRODUCED AT ANNEXURE-A IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Criminal proceedings pending in C.C.No.1000/2020 on the file of JMFC II Court at Mangalore is sought to be quashed in this petition preferred under Section 482 of Cr.P.C.
2. Charge sheet is filed against accused Nos.1 to 86 for offences punishable under Section 143, 147, 148, 504, 506, 353, 332, 120B, 109 r/w 149 of IPC., in connection with Crime No.134/2019 of Mangalore North Police Station.
3. Petitioners are accused Nos.10 to 12, 29, 84, 60, 79 to 83, 85 and 86 respectively.
4. As per FIR lodged by the Head constable, Urwa Police Station, Mangalore, about 300 to 400 unknown persons forming an unlawful assembly assembled near State Bank, Hamilton Cricle and Nallikayi Road, armed with stones, club, soda bottles etc. to protest against
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NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
implementation of CAA, inspite of imposition of restriction under Section 144 of Cr.P.C., and pelted stones etc., at the police, on account of which the complainant/police head constable sustained injuries to his right leg etc.
5.
Learned counsel appearing for petitioners would submit that, coordinate Bench of this Court has quashed the proceedings preferred by similarly placed accused in the very same case. Copy of the order passed in Crl.P No.3636/2024 disposed of on 30.05.2024 is furnished.
6. This Court taking into consideration the order passed in Crl.P No.6314/2022 disposed of on 29.07.2022 was pleased to allow the said petition and quashed the proceedings against the petitioners therein.
7. Admittedly, petitioners are not named in the FIR. FIR is registered against 300-400 unknown persons. Descriptions of the accused are not stated. In the light of the orders passed in the above criminal petitions, wherein this Court has quashed the proceedings against similarly
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NC: 2025:KHC:14807 CRL.P No. 6573 of 2023
placed accused, the instant petition deserves to be allowed. Accordingly, the following:
ORDER
Petition is allowed.
The proceedings in C.C.No.1000/2020 pending on the file of JMFC II Court, Mangalore stands quashed against the petitioners.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 1 Sl No.: 39 Ct:ar