- 1 - HC-KAR NC: 2025:KHC:51560 WP No. 26464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 26464 OF 2025 (GM-RES) BETWEEN: MOHAMMAD RIYAZ AGED ABOUT 32 YEARS S/O ABBAS K, R/AT BADDAME, KOILA, DAKSHINA KANNADA- 574241 …PETITIONER (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY SUB INSPECTOR, PUTTUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE- 560001. 2. SAMEER S JALAVADIA S/O SHANTILAL, AGED ABOUT 50 YEARS, R/AT: ONWER OM TRADING CO.13, INDUSTRIAL AREA MUKRAMPADY KEMMENJE PUTTUR, D.K.- 574210 …RESPONDENTS (BY SRI RAHUL RAI. K., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51560 WP No. 26464 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ENTIRE PROCEEDINGS IN CC NO. 1145/2021 REGISTERED FOR THE OFFENCES UNDER SECTION 380 AND 457 OF IPC PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND ACJM, PUTTUR IN SO FAR AS PETITIONER IS CONCERNED AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire proceedings in C.C.No.1145/2021 pending on the file of the Court of Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada. 2. A case in Crime No.67/2012 was registered at Puttur Town Police Station, Dakshina Kannada district for the offence Punishable under Section 457 and 380 of IPC against unknown persons. 3. It is alleged that during the intervening night of 16-17.07.2012, some unknown persons have committed - 3 - HC-KAR NC: 2025:KHC:51560 WP No. 26464 of 2025 theft of about 70Kgs of areca nuts from the godown of the complainant. Charge sheet was filed against accused Nos.1 to 3 for the offence Punishable under Section 457 and 380 of IPC. Petitioner was arraigned as accused No.3 in the charge sheet. 4. As the petitioner was not available during trial, case against him was split up. It is not in dispute that the trial held against accused No.2 has ended in acquittal vide judgment dated 26.11.2021 passed by the Court of Principal Senior Civil Judge and ACJM, Puttur, Dakshina Kannada. A certified copy of the judgment has been produced at Annexure-D. 5. The Trial Court has found insufficient evidence regarding the allegation that the accused have committed theft of areca nuts from the godown of M/S Om Trading Company, on the intervening night of 16.07.2012 and 17.07.2012 and they sold the said stolen areca nuts to Parvathi Trading nuts at Puttur. It is observed by the Trial Court that the prosecution has not examined the police - 4 - HC-KAR NC: 2025:KHC:51560 WP No. 26464 of 2025 personnel who apprehended accused No.1 and even the Panch witnesses to the seizure mahazar under which, the areca nuts were seized, were also not examined and the purchaser of the stolen property were also not examined. It is further observed that except the evidence of PW.7, Police Inspector, there is no cogent convincing evidence placed by the prosecution. 6. The material collected against all the accused being one of the same and evidence which prosecution intends to adduce before the trial Court against the petitioner being not different from the one already adduced while conducting trial against accused No.2, no purpose will be served in sending the petitioner for trial. On the other hand it will amount to abuse of process of the Court. Hence, the split up charge sheet and the entire proceedings now pending against the petitioners in C.C.No.1145/2021, on the file of the Court Principal Senior Civil Judge and ACJM, Puttur, D.K. are quashed. - 5 - HC-KAR NC: 2025:KHC:51560 WP No. 26464 of 2025 7. Petition is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 104