- 1 - HC-KAR NC: 2025:KHC:49957 CRL.P No. 15962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15962 OF 2025 BETWEEN: ABDUL KHADAR @ CHOWA @ SOUWAD S/O HASANABBA, AGED ABOUT 30 YEARS, R/A: #1-58, GUNDEER, KULOOR HOUSE, THENKAMIJAR VILLAGE, BADAGUMIJARU, MIJAR, MANGALORE, D.K. DISTRICT-574 225. NOW RESIDING AT: RIYADH, SAUDI ARABIA-11564 …PETITIONER (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MULKI PS, D.K. DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. ANUSUDDIN @ ANISUDDIN S/O M. ASHRAF, AGED ABOUT 29 YEARS, R/A: A S MANZIL, KOYIKODE POST, MANGALORE TALUK, D.K. DISTRICT-575 001. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49957 CRL.P No. 15962 of 2025 (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR THE ENTIRE RECORDS IN CC.NO.368/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 447, 323, 324, 504, 506 R/W 34 OF IPC REGISTERED BY THE 1ST RESPONDENT/MULKI PS; (B) QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.368/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 447, 323, 324, 504, 506 R/W 34 OF IPC REGISTERED BY THE 1ST RESPONDENT/MULKI POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for the State. 2. The petitioner originally arraigned as accused No.4 in CC No.351/2016, was not available for trial, - 3 - HC-KAR NC: 2025:KHC:49957 CRL.P No. 15962 of 2025 hence, a split-up case came to be registered in CC No.368/2023, now pending on the file of the Senior Civil Jude and JMFC, Moodabidri, for the offence punishable under Section 447, 323, 324, 504, 506 r/w 34 of IPC, wherein he is arraigned as accused No.2. The original case proceeded against accused Nos.1 and 2 in CC No.351/2016 and both the accused were acquitted by the learned Magistrate vide Judgment and Order dated 19.6.2018. 3. It is the case of prosecution that on 22.12.2025, at about 4.00 p.m., near Pakshikere Masjid at KemKemral village, all the accused with a common intention wrongfully trespassed into the parking verandah of CW5, assaulted CWs.1 and 2 by hand, jelly stones and abused them in filthy language and gave life threat and thereby committed the alleged offences. 4. Undisputedly, accused Nos.1 and 2, who faced trial in CC No.351/2016 are acquitted by the trial Court. - 4 - HC-KAR NC: 2025:KHC:49957 CRL.P No. 15962 of 2025 Copy of the judgment has been enclosed at document No.5. It could be seen that the prosecution examined two witnesses and got marked three documents to establish the guilt of accused Nos.1 and 2. However, both the said witnesses have turned hostile and not supported the case of the prosecution. As per the judgment, the said witnesses have deposed that no such quarrel took place and none of the accused assaulted them and they are not aware of the contents of the complaint. As nothing was elicited in the cross-examination of the said witnesses, the learned Magistrate has proceeded to acquit them. 5. The evidence and material collected by the prosecution against accused Nos.1 and 2 and the petitioner being one and the same, no purpose will be served in continuing the proceedings now pending against the petitioner. It will amount to an abuse of process of law. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:49957 CRL.P No. 15962 of 2025 ORDER i. Petition is allowed. ii. The entire proceedings against the petitioner in CC No.368/2023 pending before the Court of the Senior Civil Judge and JMFC, Moodabidri, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 73