Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42887 CRL.P No. 13664 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13664 OF 2025
BETWEEN:
1.
MOHAMMED ISMAIL ANSARI S/O D. EDANABBA, AGED ABOUT 45 YEARS, R/AT: FLAT NO.203, SAMEER RESIDENCY, BADRIYA 2ND CROSS, KANDUKA, MANGALURU, D.K. DISTRICT-575 001.
2.
MOHAMMED IMRAN S/O D. ABBAS, AGED ABOUT 34 YEARS, R/AT: AZARMANZIL, BUTTU, ULLAL, MANGALURU, D.K.DISTRICT–575 017.
3. ABUSALI S/O JUBAIR, AGED ABOUT 40 YEARS, R/AT: HAIADI HOUSE, BADRIYAJUMMA MASJID, SAJIPAMUNUUR, BANTWAL, MANGALORE, D.K.DISTRICT-574 153.
4. NIZAMUDDIN S/O. MUNSUR, AGED ABOUT 24 YEARS, R/AT: NEAR BADRIYA MASJID, ANGARAGUNDI, BYEKAMBADI,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42887 CRL.P No. 13664 of 2025
MANGALORE, D.K. DISTRICT–575 011.
5.
MOHAMMED SHAFIQ S/O ABDUL RAHIMAN, AGED ABOUT 18 YEARS, R/AT: RIPPANPET COLONY, GUDDUR, SHIVAMOGGA-577 426.
6.
MOHAMMED NASIR S/O JUBAIR, R/AT: BALADAGUDDE HOUSE, KANNUR, MANGALURU, D.K. DISTRICT.
7.
MOHAMMED ASIF S/O ABBAS, R/AT: SHANTINAGAR, MANGALORE, D.K. DISTRICT-575 007.
8.
MOHAMMED IRFAN @ IRFAN S/O K. ABUBAKAR, AGED ABOUT 31 YEARS, R/AT: AZZIZUDDIN ROAD, SURAJ APARTMENT, CITY PRESS, MANGALORE, D.K. DISTRICT-575 001. …PETITIONERS (BY SRI. LETHIF B., ADVOCATE (P/H))
AND:
1.
THE STATE OF KARNATAKA BY MANGALORE SOUTH POLICE STATION, D.K. DISTRICT.
REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001.
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HC-KAR NC: 2025:KHC:42887 CRL.P No. 13664 of 2025
2.
POLICE SUB-INSPECTOR (LAW AND ORDER) MANGALORE SOUTH POLICE STATION, PANDESHWARA, MANGALORE, D.K.DISTRICT-575 001. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H))
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.1002/2020, FOR THE OFFENCE UNDER SECTION 143, 147, 148, 153, 341, 353, 332, 290, 427, 120b, 109, 114 R/W 149 OF IPC AND SECTION 2(a) AND (b) OF KPDLP ACT, ON THE FILE OF JMFC II COURT, 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:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Petitioners are arraigned as accused Nos.52, 77, 78, 88 to 92 in the chargesheet filed in connection with Crime No.236/2019 of Mangalore South Police Station, Mangaluru City, for the offence punishable under section 143, 147, 148, 152, 341, 353, 332, 290, 427, 120B, 109, 114 r/w 149 of IPC and Section 2(a) (b) of KPDLP Act.
2. Petitioners have preferred this petition calling in question the proceedings now pending in
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HC-KAR NC: 2025:KHC:42887 CRL.P No. 13664 of 2025
C.C.No.1002/2020 on the file of the learned JMFC (II Court), Mangaluru.
3. The incident took place on 19.12.2019 at about 2.30–3.00 p.m., wherein it is alleged that a mob of about 500 accused, formed an unlawful assembly, shouted slogans against the Police and the Government, pelted stones, soda bottles and clubs, inspite of a prohibition imposed under Section 144 of Cr.P.C., and caused damage to the public property etc.
4.
Learned counsel for petitioners contended that similarly placed other accused have preferred separate petitions before this Court and the Coordinate Bench of this Court after considering the facts and circumstances, allowed those petitions, relying on a decision of this Court rendered in Crl.P No.6763/2020,
disposed of on
11.03.2022.
5. Copy of the orders passed in Crl.P No.4744/2023
disposed on 12.06.2023, Crl.P
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HC-KAR NC: 2025:KHC:42887 CRL.P No. 13664 of 2025
No.11067/2023
disposed on 15.12.2023 and Crl.P No.4772/2023 disposed on 12.06.2023 are produced.
6. Coordinate Bench of this Court has allowed the above petition filed by similarly placed other accused and quashed the proceedings.
7. Petitioners are entitled for the same relief which is granted to the co-accused in this case, in terms of the
order passed by the Coordinate Bench of this Court in the above referred petitions. Accordingly, the following:
ORDER Petition is allowed. The entire proceedings as against the petitioners in C.C.No.1002/2020 pending on the file of JMFC (II Court), Mangaluru is quashed. I.A.No.2/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 35