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2025 DAILYLAW 44486 (KAR)

BASEERSAB S/O KARIMSAB MULLA v. STATE OF KARNATAKA

CRL.P/100956/2025 · 2025-02-24

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:3695 CRL.P No. 100956 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100956 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BASEERSAB S/O. KARIMSAB MULLA AGE. 33 YEARS, OCC. DRIVER, R/O. YALAVADAHALLI VILLAGE, SARVAGNA PLOT, MASUR, TQ. RATTIHALLI AND DIST. HAVERI-581116. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH HIREKERUR POLICE STATION, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. 2. SRI. PRABHU S/O. HANUMANTAPPA HOSAMANI AGE. 42 YEARS, OCC. FARMER, R/O. CHIKKAKABBUR VILLAGE, TQ. RATTIHALLI AND DIST. HAVERI-581116. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.590/2024 (CRIME NO.58/2024 AT HIREKERUR P.S.) PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIREKERUR FOR THE OFFENCE P/U/S 279 AND 304A OF IPC AGAINST THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:47 +0530 - 2 - NC: 2025:KHC-D:3695 CRL.P No. 100956 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice for respondent No.1. 2. The petitioner challenges the cognizance taken for offences punishable under Sections 279 and 304A of the IPC, primarily on the ground that the IMV report indicates there is no damage to the vehicle in which the petitioner was driving. The grounds urged in this petition cannot be considered at this stage and may only be considered at trial. Accordingly, the petition is disposed of, reserving liberty to the petitioner to raise these grounds before the trial Court. 3. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 68