- 1 - HC-KAR NC: 2025:KHC:24484 CRL.P No. 12371 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12371 OF 2024 BETWEEN: MOHAMMED RAFIQ @ RAFIQ KARKALA, S/O NAZIR HUSSAIN, AGED ABOUT 32 YEARS, R/AT APSARA COMPOUND, SADHBAVANA NAGARA, BANDLE GUDDE, KARKALA, UDUPI – 574 104. …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HEBRI POLICE STATION, KARKALA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. ASHOK POOJARI, S/O DHOGU POOJARI, AGED ABOUT 40 YEARS, R/A GUDDAL BETTU MANE, MADHARADI GRAMA, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24484 CRL.P No. 12371 of 2024 HEBRI TALUK, UDUPI – 576 112. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; R2 SERVED AND UNREPRSENTED) THIS CRL.P. IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.492/2019, PENDING ON THE FILE OF HONBLE ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA, FOR THE OFFENCES P/U/S 380 R/W 34 OF IPC, REGISTERED BY THE RESPONDENT NO.1 HEBRI P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner is seeking for the following reliefs: (i) Call for the entire records in C.C.No.492/2019 pending on the file of Hon'ble Addl. Civil Judge and JMFC, Karkala, for the offences punishable under Section 380 r/w 34 of IPC based on the chargesheet submitted by the 1st respondent /Hebri P.S. (ii) Quash the entire criminal proceedings in C.C.No.492/2019 pending on the file of Hon'ble Additional Civil Judge and JMFC, Karkala, for the - 3 - HC-KAR NC: 2025:KHC:24484 CRL.P No. 12371 of 2024 offences punishable under Section 380 r/w 34 of IPC registered by the respondent No.1 / Hebri PS. (iii) Pass such other relief / reliefs as this Hon'ble Court deems fit in the facts and circumstance of the present case in the interest of justice and equity. 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and perused the material on record. 3. Respondent No.2, de-facto complainant having been served with notice of this petition has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that pursuant to the complaint dated 11.11.2018 filed by respondent No.2; the respondent No.1-police authorities have registered the impugned FIR in Crime No.89/2018 against unknown persons for the alleged offences punishable under Section 380 of Indian Penal Code, 1860. In pursuance of the same, respondent No.1 - police authorities conducted investigation and filed charge sheet against six accused persons including the petitioner herein, which is currently pending in C.C.No.492/2019 before the Trial court for the - 4 - HC-KAR NC: 2025:KHC:24484 CRL.P No. 12371 of 2024 offences punishable under Section 380 read with Section 34 of Indian Penal Code. 5. In this context, a perusal of FIR will indicate that the petitioner has not been specifically arraigned as accused as stated supra coupled with the fact that the vehicle involved in the alleged incident is not owned or possessed by the petitioner and consequently, in the absence of any material either in the charge sheet, statement of witnesses, documents etc to incriminate the petitioner for the alleged offences, I am of the considered opinion that continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference in the present petition. 6. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings in C.C.No.492/2019 registered by the 1st respondent – Police, pending on the file of the learned Additional Civil Judge and JMFC, Karkala, for the offences punishable under Sections 360 read with Section 34 of Indian Penal Code, 1860 - 5 - HC-KAR NC: 2025:KHC:24484 CRL.P No. 12371 of 2024 insofar as the petitioner-accused No.6 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SS List No.: 1 Sl No.: 35