- 1 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA CRIMINAL PETITION NO. 100684 OF 2025 BETWEEN: 1. IKBAL S/O WAHAB KHATRI S/O WAHAB KHATRI AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O TASKAY SENWARA TALUKA, DHARWANI DIST, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 2. MOHAMMAD YUSUF S/O ABDULREHAMAN KHATRI S/O ABDULREHAMAN KHATRI AGED ABOUT 41 YEARS, OCC. LABOUR, R/O MOTIBAYI GALLI, NO.6, TAHASIL SENDWARA TALUKA BHARAWANI DIST, MADYAPRADESH NOW AT BASHIBAN COMPOUND BELAGAVI-590 001. 3. MAHAMADRAFIQ S/O ABDULAJIJ KHATRI S/O ABDULAJIJ KHATRI AGED ABOUT 26 YEARS, OCC. LABOUR, R/O. MOTIBAYI GALLI, NO.6, TAHASIL SENDWARA TALUKA, BHARAWANI DIST, MADYAPRADESH, NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 4. MOSHIN S/O BASHIR AHAMAD JAMADAR S/O BASHIR AHAMAD JAMADAR AGED ABOUT 37 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 OCC. LABOUR, R/O BASHIBAN COMPOUND, BELAGAVI-590 001. 5. RASHID S/O MUJAMILL KHATRI S/O MUJAMIL KHATRI AGED ABOUT 38 YEARS, OCC: LABOUR R/O: BASHIBAN COMPOUND, BELAGAVI-590 001. 6. MAHAMMAD ISAQ S/O HUSENJI KHATRI S/O HUSENJI KHATRI AGED ABOUT 25 YEARS, OCC. LABOUR, R/O. BASHIBAN COMPOUND, BELAGAVI-590 001. 7. SALMAN S/O IRSHAD HAMAD KHATRI AGED ABOUT 42 YEARS, OCC. LABOUR, R/O MADINA NAGAR, SENDWARA TALUKA, BHARAWANI DIST, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 8. ABDULKARIM S/O MOHAMADJI KHATRI AGED ABOUT 23 YEARS, OCC. LABOUR, R/O SOHAGPUR, TAL. USAMGABAD MADYAPRADESH NOW AT BASHIBAN COMPOUND BELAGAVI-590 001. 9. MOHAMMADSAB S/O USMANGANI KHATRI AGED ABOUT 35 YEARS, OCC. LABOUR, R/O GONGWA, TAL. KHARAGAV, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. - 3 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 10. ABDULKARIM S/O MOHAMMADYASAF KHATRI AGED ABOUT 33 YEARS, OCC. LABOUR, R/O. SOHAGPUR, TAL. USAMGABAD, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 11. MAHAMMADYASHIN MAHIBASHA AGED ABOUT 30 YEARS, OCC. LABOUR, R/O JABBALPUR, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 12. SHAFIWULLA S/O ABDULLA KHATRI AGED ABOUT 24 YEARS, OCC. LABOUR, R/O. SAHAGPUR HOUSANGABAD, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 13. MAHAMMADSHARUK S/O MOHAMMADMAJID MANASURI AGED ABOUT 31 YEARS, OCC. LABOUR, R/O ROOPAT TAL. JIRYA, DIST. KARAGAV, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 14. MOHAMMADWARIS S/O MAHAMMADYAKUM KHATRI AGED ABOUT 39 YEARS, OCC. LABOUR, R/O SUHAGPUR, HUSANGABAD MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590001. - 4 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 15. SHABUDDIN S/O FAKRUDDIN KHATRI AGED ABOUT 24 YEARS, OCC. LABOUR, R/O KANDWA, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 16. ABDULKUDUSSA S/O MAHAMMADHARUN KHATRI AGED ABOUT 24 YEARS, OCC. LABOUR, R/O SUHAGPUR, GANDIWADA, HOUSANGABAD, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590001. 17. MAINUDDIN S/O FAKRUDDIN KHATRI AGED ABOUT 24 YEARS, OCC. LABOUR, R/O SIPA COLONY, NAGAJUN ROAD, KANDWA, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI 590001. 18. MAHAMMADSADIQ S/O MAHAMMAD AYUB KHATRI AGED ABOUT 30 YEARS, OCC. LABOUR, R/O RANI PALACE GEETA NAGAR, AISHA MASIDI BEHIND , INDOR, MADYAPRADESH, NOW AT BASHIBAN COMPOUND, BELAGAVI. 19. MOHAMMADSIDDI S/O NOOR AFTAB KHATRI AGED ABOUT 24 YEARS, OCC. LABOUR, R/O SIPA COLONY, - 5 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 NAGAJUN ROAD, KANDWA, MADYAPRADESH NOW AT BASHIBAN COMPOUND BELAGAVI-590 001. 20. MAHAMMAD HARUN S/O ABDULRASHID KHATRI AGED ABOUT 35 YEARS, OCC. LABOUR, R/O BORI MAIN ROAD, NEPA NAGAR, BHAWRANPUR, MADYAPRADESH NOW AT BASHIBAN COMPOUND, BELAGAVI-590 001. 21. ARBAJKHAN S/O SARAWARKHAN PATHAN AGED ABOUT 24 YEARS, OCC. LABOUR, R/O. CHANDU GALLI, BELAGAVI-590 001. …PETITIONERS (BY SRI. Z M HATTARKI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MARKET POLICE STATION, BELAGAVI, REPTD. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. PRASHANT S POLICE INSPECTOR, MARKET POLICE STATION, BELAGAVI, REPTD. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.281/2020 (MARKET P.S. CRIME - 6 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 NO.339/2017) FOR THE OFFENCE PUNISHABLE U/S 143, 147, 148, 153(A), 332, 307, 308, 427, 435, 353, R/W 149 OF IPC AND SECTION 2(A)(B) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981 WHICH IS PENDING ON THE FILE OF II JMFC BELAGAVI AND ALL OTHER PROCEEDINGS ARISING THERE FROM AGAINST THE PETITIONERS/ACCUSED NO.1 TO 20 AND 23. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA ORAL ORDER 1. This criminal petition is filed by accused Nos.1 to 23 challenging the registration of crime which has culminated in filing of the charge sheet. 2. Learned counsel points out that in respect of accused Nos.60 to 74 were quashed by the orders passed in Criminal Petition No.104131 of 20221 and in Criminal petition No.102338 of 20242 and he claims parity and requests for quashing of the proceedings against the present petitioners. 1 Criminal Petition No.104131 of 2022, disposed of on 30.01.2024 at Dharwad Bench (Revati vs. Market Police Station) 2 Criminal Petition No.102338 of 2024, disposed of on 09.08.2024 at Dharwad Bench, (Sanjivini and others vs. The State of Karnataka and another) - 7 - NC: 2025:KHC-D:4083 CRL.P No. 100684 of 2025 3. It is his contention that the case of the petitioners is similar, if not better than the ones pleaded by the petitioners in the afore-mentioned petitions. 4. In my view, this argument cannot be accepted for the simple reason that the complaint categorically indicated and named the present petitioners, whereas the petitioners in the aforementioned petitions were not named in the complaint. 5. I am therefore of the view that there is no justification for quashing of the proceedings against the present petitioners in exercise of power under Section 482 of the Criminal Procedure Code, 1973. 6. The Trial Court is however directed to endeavour to expedite the trial. 7. The Criminal Petition is therefore dismissed. SD/- (N.S.SANJAY GOWDA) JUDGE RK List No.: 19 Sl No.: 3