- 1 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9478 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. 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, MANGALORE, D.K. DISTRICT-575 030. 2. NAWAZ ULLAL S/O. LATE ISMAIL, AGED ABOUT 44 YEARS, R/AT MASTER COMPOUND, MASTIKATTE ULLAL, MANGALORE, D.K. DISTRICT-575 017. 3. 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, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 PANDESHWARA, MANGALORE, D. K. DISTRICT-575 001. 4. 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. 5. MUZAIR AHMED @ MUZAIR KUDROLI S/O. LATE HAMZA, R/AT HOUSE NO. 8-4-1210, C.P.C. COMPOUND, KUDROLI, MANGALORE, D.K. DISTRICT-575 003. 6. AFFAN ABDUL REHAMAN S/O. ABDUL REHAMAN, AGED ABOUT 34 YEARS, R/AT S. A. MANZIL, SUNKADAKATTE, KADABA TALUK, D.K. DISTRICT-574 221. 7. NOUFAL KUDROLI S/O. HAMZA, R/AT HOUSE NO. 8-4-1210, C.P.C. COMPOUND, KUDROLI, MANGALORE, D.K. DISTRICT-575 003. 8. ABDUL MAJEED S/O. MOOSABBA, R/AT NEAR KBS, JOKATTE VILLAGE, MANGALORE, - 3 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 D.K. DISTRICT-575 030. …PETITIONERS (BY SRI. LETHIF B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANGALORE NORTH P.S., D.K. DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. SRI. BEERENDRA CPC NO. 2378, AGED ABOUT 27 YEARS, R/AT MANGALORE EAST P.S., KADRI, MANGALORE CITY, D.K. DISTRICT-575 001. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.988/2020 FOR THE OFFENCE P/U/S 143,147,148,504,506,353,332,120B,109 R/W 149 OF IPC OF MANGALORE NORTH P.S., PENDING ON THE FILE OF THE II JMFC, MANGALORE WHICH IS PRODUCED AT ANNEXURE-A IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Criminal proceedings initiated against the petitioners, arraigned as accused Nos.79 to 86 in C.C.No.988/2020 on the file of the Court of II JMFC, Mangaluru is called in question in this petition. 2. Heard both sides and perused the material on record. 3. Crime No.135/2019, came to be registered at Mangaluru North Police Station for offences punishable under Section 148, 149, 143, 147, 324, 188, 353, 332, 323 of IPC and Section 2(a), 2(b) of the Prevention of Destruction and Loss of Property Act, 1981, on a complaint lodged by the Police Constable, East Police Station, Kadri, Mangaluru, against 300 to 400 unknown persons. 4. It is alleged that inspite of imposition of restriction under Section 144 of Cr.P.C., all the accused formed an unlawful assembly and assembled near the junction of Nellikayi road and Mission Street road, armed - 5 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 with stones, soda bottles etc., and pelted stones at the police and caused injuries to the complainant etc., 5. Charge sheet came to be filed against 87 accused for offences punishable under Section 143, 147, 148, 504, 506, 353, 332, 120-B, 109 read with Section 149 of IPC. Petitioners are arraigned as accused Nos.79 to 86 respectively. 6. Admittedly, the FIR was registered against 300 to 400 unknown persons. Petitioners are strangers to the complainant. There is no description of the accused persons given in the complaint. 7. Learned counsel appearing for the petitioners has furnished a copy of the order passed by the Co- ordinate Bench in Crl.P.No.3625/2024, quashing the proceedings against accused Nos.2 to 8, 15 and 87. 8. According to prosecution, petitioners entered into a conspiracy along with other accused persons and committed the alleged offence. However, no sufficient - 6 - NC: 2025:KHC:12524 CRL.P No. 9478 of 2022 materials are forthcoming to arraign the petitioners as accused in the charge sheet. 9. In view of quashing of the proceedings against accused Nos.2 to 8, 15 and 87, the petitioners are also entitled for the relief sought in the petition. Hence, the following:- ORDER i) Petition is allowed. ii) The entire proceedings against the petitioners/accused Nos.79 to 86 pending on the file of II JMFC Court, Mangaluru in C.C.No.988/2020 are quashed. iii) I.A.No.1/2022 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 19