Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31104 CRL.P No. 10894 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10894 OF 2024
BETWEEN:
MR. MUNEER C H S/O LATE ZAINUDDEEN C H., AGED ABOUT 39 YEARS, R/AT MUNEER MANZIL, CHEDEKAL, NIRCHAL, KASARAGODU, KERALA - 671 551.
…PETITIONER (BY SRI. RAJARAMA S., ADVOCATE) AND:
THE STATE OF KARNATAKA SULLIA POLICE STATION, SULLIA SUB-DIVISION, D. K, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001.
…RESPONDENT (BY SRI. RAHUL RAI K., HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC NO.5012/2022 IN CRIME NO.0252/2014 BEFORE Vth ADDL. DISTRICT AND SESSION JUDGE PUTTUR FOR OFFENCES PUNISHABLE U/S 399 AND 402 OF IPC. AND GRANT SUCH OTHER ORDER OR
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31104 CRL.P No. 10894 of 2024
DIRECTION AS THIS HON'BLE COURT MAY DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner, who is arrayed as accused No.4, has filed this captioned petition seeking quashing of the proceedings arising out of the Crime No.252/2014 now pending in SC No.5014/2022 before V Additional District and Sessions Judge, Puttur for the offences punishable under Sections 399 and 402 of IPC.
2. The petitioner - accused No.4 is seeking quashing of the proceedings solely on the ground that he has already sold the vehicle involved in the alleged incident and therefore, he not being the owner, no offence is made out and therefore, the proceedings for the offence punishable under Section 399 of IPC and 402 of IPC even if accepted on the face value, no offence is made out.
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HC-KAR NC: 2025:KHC:31104 CRL.P No. 10894 of 2024
3. On examination of the charge sheet materials and documents, which are now set up by the petitioner before this Court, which is styled as a Vehicle Sale Agreement, this Court is of the view that this document cannot be examined at this juncture and the same is drafted on a whit sheet paper. Whether the petitioner is the owner of the vehicle in question and is aware of the fact that the other accused are intending to commit docoity, are all matters to be examined during the full fledged trial.
4. If at all there was an actual transfer of the vehicle as on the date of the alleged commission of the offence, the petitioner is at liberty to lead defence evidence by producing all relevant documents to demonstrate that vehicle was effectively transferred by him and therefore, he was not RC Holder as on the date of alleged incident, these crucial facts cannot be examined by this Court under Section 482 of Cr.P.C. Therefore, no indulgence is warranted.
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HC-KAR NC: 2025:KHC:31104 CRL.P No. 10894 of 2024
This Court has not expressed any opinion on the merits of the case.
The petition stands dismissed.
Consequently, I.A.No.1/2024 is also dismissed.
All contentions are kept open.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 10