- 1 - NC: 2025:KHC:13086 CRL.P No. 10505 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10505 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. SHABEER @ HASSAN SHABEEK AGED ABOUT 29 YEARS, S/O. MR. ABOOBAKKAR, JAMEELA MANZIL, NO. 11-8-726, TOWN COMPOUND, BIBI ALABI ROAD, BUNDER, MANGALORE, DAKSHINA KANNADA -575 001. …PETITIONER (BY SRI. TALHA ISMAIL BENGRE.,ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA BY MANGALORE NORTH POLICE STATION, MANGALORE, DAKSHINA KANNADA, REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU. NAUSHAD S/O ABBOBAKAR, AGED ABOUT 29 YEARS, PRIYA MANZIL, TOWN COMPOUND, BI BI ALABE ROAD, BANDUR, MGNALORE, D.K. 575001. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET REGISTERED BY THE RESPONDENT POLICE AGAINST THE PETITIONER HEREIN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13086 CRL.P No. 10505 of 2022 IN CR.NO.156/2015 OF MANGALORE NORTH POLICE STATION IN (C.C.NO.3509/2015) AND IN SPLIT UP CHARGE SHEET IN C.C.NO.1296/2016 FOR THE OFFENCE P/U/S 341, 324, 504, 506 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF J.M.F.C. - II COURT, MANGALURU, D.K. DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the FIR and charge sheet in Crime No.156/2015 of Mangaluru North Police Station,, Mangaluru City registered for offences punishable under Section 341, 324, 504 and 506 read with section 34 of IPC, pending on the file of JMFC II Court at Mangaluru, Dakshina Kannada District. 2. FIR was registered on a complaint lodged by one Naushad son of V Aboobacker inrespect of an incident of assault which allegedly took place on 27.04.20215 at about 00:30 hours. 3. It is the case of prosecution that accused Nos.1 to 3 with a common intention of committing the offence, - 3 - NC: 2025:KHC:13086 CRL.P No. 10505 of 2022 wrongfully restrained the complainant/CW.1, infront of Priya hotel, situated on Mission Road, Mangaluru and assaulted him with a wooden reaper and caused simple injuries to him and also abused and threatened him with dire consequence etc. 4. After filing of charge sheet, since the petitioner/accused No.2 failed to appear before the trial Court, a split up case was registered against him in C.C.No.1296/2016. Accused Nos.1 and 3 were tried in C.C.No.3509/2015. The learned Magistrate vide judgment dated 19.11.2016, acquitted the said accused of the charged offences under Section 341, 324, 504 and 506 read with Section 34 of IPC. 5. The injured/CW.1 examined as PW.1 before the Trial Court turned hostile to the prosecution case, in the Trial held against accused Nos.1 and 3. The learned Magistrate having appreciated his evidence has come to the conclusion that he has denied the prosecution case and even lodging the complaint against the accused and nothing was elicited in his cross examination. - 4 - NC: 2025:KHC:13086 CRL.P No. 10505 of 2022 6. The judgment of acquittal passed in respect of accused Nos.1 and 3 has become final as there is no challenge to the same. 7. The evidence against the present petitioner/accused No.2. and accused Nos.1 and 3 are one and the same. Since, the material witness, i.e., CW.1/complainant has turned hostile to the case of prosecution, no purpose will be served in continuing the proceedings against the petitioner, as it will be a futile exercise. Hence, the following: ORDER i) Petition is allowed. ii) The entire proceedings in C.C.No.1296/2016 pending on the file of the JMFC II Court at Mangaluru, Dakshina Kannada District against the petitioner is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 20