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2025 DAILYLAW 46781 (KAR)

MANJUNATH S/O RUDRAMUNIYAPPA MUDDANNAVAR v. THE STATE OF KARNATAKA BY

CRL.P/103544/2024 · 2025-10-16

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103544 OF 2024 BETWEEN: 1. MANJUNATH S/O RUDRAMUNIYAPPA MUDDANNAVAR AGE 30 YEARS OCC :DRIVER R/AT AMALAPURA, KUDLIGI DIST: VIJAYANAGAR 583 135 2. S KOTRESH S/O SHARANAPPA AGE 47 YEARS OCC :CONTRACTOR R/AT AMALAPURA, KUDLIGI DIST :VIJAYANAGAR -583 135 …PETITIONERS (BY SRI ZANZA JOSHI AND SRI GOURI SHANKAR MOT, ADVOCATES) AND: THE STATE OF KARNATAKA BY GADAG CEN CRIME POLICE STATION, GADAG, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SMT.GIRIJA HIREMATH, HEGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE DATED 16.06.2022 AS TAKEN AGAINST THE ACCUSED NO.9 AND 11/PETITIONERS IN GADAG CEN CRIME POLICE STATION CRIME NO.15/2022 REGISTERED AS CC NO.1207/2022 CURRENTLY PENDING ON THE FILE OF 1ST Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024 ADDL.CIVIL JUDGE AND JMFC I COURT, AT GADAG FOR THE OFFENCE PUNISHABLE U/S 87 OF K.P. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Zanza Joshi, learned counsel appearing on behalf of Sri Gouri Shankar Mot, counsel the petitioners and Smt. Girja Hiremath, learned High Court Government Pleader for the respondent/State. 2. In respect of Crime No.15/2022 of Gadag CEN Police Station, this Court by considered order dated 21.06.2022 in Criminal Petition No.101699/2022 quashed the entire proceedings on account of inherent mistakes committed by the head of the raid party in not following the required procedure for the purpose of registering the case in respect of a non cognizable offence under the Karnataka Police Act. The said order was in respect of accused No.1. The present petitioners are the accused No.9 and 11 in the same crime. - 3 - HC-KAR NC: 2025:KHC-D:14056 CRL.P No. 103544 of 2024 3. For want of necessary orders from the trial Magistrate before registering the case under Section 87 of the Karnataka Police (Amendment) Act, this Court quashed the proceedings against the accused No.1 in the aforesaid case which principles is squarely applicable to the present petitioners/accused No.9 and 11 also. 4. Accordingly, the following ORDER (i) Criminal Petition is allowed. (ii) Proceedings in Crime No.15/2022 of Gadag CEN Police Station, Gadag, registered against the petitioners/accused No.9 and 11 under Section 87 of the Karnataka Police Act (Amendment) Act, 2021 are hereby quashed. Sd/- (V.SRISHANANDA) JUDGE MR