- 1 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.200364 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. DR. MOHAMMED UMER S/O NAZIR ATTAR AGE 35 YEARS OCC. DOCTOR R/O AL-SHIFA, BADI KAMAN BIJAPUR-586101. 2. SHRI. AMIT S/O AJIT PATIL AGE 37 YEARS OCC. BUSINESS R/O : 2393, KACHERI GALLI SHAHAPUR, BELAGAVI-590003. 3. SHRI. VIJAYKUMAR S/O MAHAVEER PATIL AGE 42 YEARS OCC. BUSINESS R/O CHANDAN HOSUR RESIDENT OF BHAGYANAGAR BELAGAVI-590006. 4. SHRI. CHETAN S/O TAVANAPPA SATAGOUDA AGE 35 YEARS OCC. PRIVATE JOB R/O MAJAGAON, TAL. BELAGAVI 3 590008. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 5. SHRI. CHETAN S/O MALLAPPA DESAI AGE 34 YEARS OCC. PRIVATE JOB R/O HALAGA, TAL. BELAGAVI 3 590020. &PETITIONERS (BY SRI. HATTARKI ZAAHEER ABBAS MUHAMMAD QASIM, ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA KALABURAGI BENCH-585103. 2. POLICE SUB-INSPECTOR GANDHI CHOWK POLICE STATION VIJAYAPURA-586101. &RESPONDENTS (BY SMT. RASHMI PATIL, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD) U/SEC 528 OF BNSS, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.9240/2024 ARISING OUT OF GANDHI CHOWK PS CRIME NO.359/2008 FOR THE OFFENCE PUNISHABLE U/SEC 298, 153(A)(B), 120(B), 124(A), R/W SEC 149 OF IPC AND U/SEC 11, 12, 15, 18 OF UNLAWFUL ACTIVITIES AND PREVENTION ACT 1967 AND AMENDED ORDINANCE 2004 WHICH IS PENDING ON THE FILE OF 1ST ADDL CIVIL JUDGE AND JMFC-I VIJAYAPURA AND ALL OTHER PROCEEDINGS ARISING THERE FROM AGAINST THE PETITIONERS/ACCUSED NO. 4, 12 TO 15 TO MEETS THE ENDS OF JUSTICE. THE HONOURABLE COURT MAY PLEASE TO ISSUE DIRECTION TO RESPONDENTS TO STATE TO WITHDRAW LOC (LOOK OUT CIRCULAR) IF ANY ISSUED AGAINST THE PETITIONERS & ETC. - 3 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners/accused Nos.4, 12 to 15 have preferred this petition praying to quash the entire proceedings in C.C.No.9240/2024 on the file of the Court of I Additional Civil Judge and JMFC-I, Vijayapura, arising out of Crime No.359/2008 of Gandhi Chowk Police Station. 2. On a complaint lodged by the PSI of Gandhi Chowk Police Station, Bijapur, the aforementioned crime was registered against unknown culprits for the offence punishable under Section 298 of IPC and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. Investigation culminated in filing of charge sheet against 15 accused for offences punishable under Section 153(a), 153(b), 124(a), 120(b), 298 r/w 149 of IPC and Sections 11, 13, 15 and 18 of Unlawful Activities (Prevention) Act 1967 and Amendment Ordinance 2004. - 4 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 3. Present petition is filed for quashing of proceedings against the petitioner on the ground that accused No.1 who stood trial in S.C.No.37/2010 has been acquitted vide judgment dated 30.08.2017. 4. It is contended by the learned counsel that in the FIR none of the petitioners are arraigned as accused, however, while filing charge sheet they are falsely implicated. Petitioners are totally innocent of the alleged offences and the learned Sessions Judge while acquitting accused No.1 has taken into consideration that there is no sanction as required under law to prosecute the accused under the Unlawful Activities (Prevention) Act, 1967 and it is observed that offences under Section 298 r/w 149 of IPC was not proved. 5. The copy of the judgment passed in S.C.No.37/2010 dated 30.08.2017 is enclosed to the petition, wherein it is seen that accused No.1 against whom the trial was conducted, was acquitted of the offence punishable under Section 153(a), 153(b), 124(a), - 5 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 120B, 298 r/w Section 149 of IPC and under Section 11, 13 and 15 of Unlawful Activities (Prevention) Act, 1967. 6. The learned Sessions Judge while acquitting accused No.1 has observed that at the time of filing charge sheet or subsequently, Investigation Officer has not obtained sanction of the Central Government or State Government or District Magistrate as required under law and when the Court could not have taken cognizance of the major offences, ancillary offences i.e., under Section 298 r/w 149 of IPC cannot be held to be proved. The learned Sessions Judge has also taken into consideration that all the mahazar witnesses for Ex.P2 to Ex.P4 as well as PWs.5 to 10 have not supported the prosecution version and though treated hostile, nothing was elicited from their cross-examination. 7. It is not in dispute that accused No.1 against whom the same allegations are made has been acquitted after a full-fledged trial. Further, Crl.P No.201248/2024 - 6 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 preferred by accused Nos.7 and 11 was also allowed and the entire proceedings against them has been quashed. 8. This Court has taken into consideration the relevant para Nos.21 to 23 of the order passed by the learned Sessions Judge in S.C.No.37/2010 which are reproduced hereunder: 21. In the instant case, the Investigating Officer at the time of filing of charge sheet or subsequently has not obtained any sanction of the Central Government or State Government or District Magistrate and not produced in this case. Hence, this Court holds that the offences U/S. 153-A, 153-B, 124-A, 120-B and offences U/S. 11, 13 & 15 of the Unlawful Activities (Prevention) Act, 1967 were not cognizable before committal of the matter and even after committal of the matter because no sanction is produced. The only remaining offence is U/s. 298 R/W Sec. 149 of Indian Penal Code. This is an ancillary offence to other offences. When the Court could not have taken cognizance of other major offences, then the Court has to opine that ancillary offence is also not proved. With this background the evidence of witnesses is to be looked into. 22. PWs-2 to 4, 12 and 13 are said to be mahazar witnesses for Exs.P-2 to 4; PWs-5 to 10 are said to be the witnesses who have given statements before Investigating Officer, but all of them have not - 7 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 supported the prosecution version. Hence, learned Public Prosecutor considered them as hostile, but nothing was elicited in their cross-examination to disbelieve their version in examination-in-chief. PW-11 is the witness for mahazar as per Ex.P-4. PW-14 is the Investigating Officer who sue-motto lodged complainant and also conducted the entire investigation. PW-15 was not examined in this case, but he was examined in a connected S.C. No.36/2010 as PW-15. He was cited as CW-11 in this case, but my learned predecessor has put copy of said evidence in S.C. No.36/2010 in this case. 23. Except the Investigating Officer, no other witness has completely supported the prosecution version. Even the evidence of Investigating Officer is not so believable one because he himself lodged the suo- motto complaint and then he himself commenced the investigation and completed the investigation. This is not proper in accordance with law. Hence, viewed from any angle, this Court holds that prosecution has failed to prove the offences alleged against accused beyond reasonable doubt. Accordingly. Points No.1 to 7 are answered in the negative. 9. The above judgment passed by the learned Sessions Judge acquitting accused No.1 has become final as there is no challenge to the same. The petitioners who are similarly placed as accused Nos.1, 7 and 11 are entitled for the relief sought in this petition, as this Court - 8 - NC: 2025:KHC-K:1822 CRL.P No.200364 of 2025 finds that proceedings against them is a futile exercise and will not serve any purpose. Hence, the following: ORDER Petition is allowed. The entire proceedings against the petitioners/accused Nos.4, 12 to 15 in C.C.No.9240/2024 pending on the file of the Court of I Additional Civil Judge and JMFC-I, Vijayapura are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 19 Sl No.: 2