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2025 DAILYLAW 60780 (KAR)

KHALID IBADULLA MULLA v. STATE OF KARNATAKA

CRL.P/102774/2023 · 2025-08-07

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9971 CRL.P No. 102774 of 2023 C/W CRL.P No. 102264 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102774 OF 2023 (482(Cr.PC)/528(BNSS)-) C/W CRIMINAL PETITION NO. 102264 OF 2023 IN CRL. P. NO.102774/2023 BETWEEN: 1. KHALID IBADULLA MULLA S/O. MAHBOOBALI MULLA, AGE: 58 YEARS, OCC: BUSINESS, 2. UMAR FAROOQ MULLA S/O. KHALID IBADULLA MULLA, AGE: 29 YEARS, OCC: BUSINESS, BOTH PETITIONERS ARE R/O. 4TH CROSS, SHIVANAND NAGAR, TOLL NAKA, DHARWAD-580001. …PETITIONERS (BY SRI. SANTOSH NARAGUND, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BAGALKOT CEN P.S REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. 2. JAFAR SADIQ BAGBAN S/O. ABDULAJIJ AGE: 39 YEARS, OCC: TEACHER, R/O: GALAGALI VILLAGE, BAJARGALLI, BILAGI, BAGALKOT-587116. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED UNREPRESENTED) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9971 CRL.P No. 102774 of 2023 C/W CRL.P No. 102264 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE NOTICE ISSUED BY RESPONDENT POLICE U/SEC. 91 AND 102 OF CR.P.C. 2(A) BANKERS BOOK OF EVIDENCE ACT DATED 28.06.2023 SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED AND/OR QUASH THE COMPLAINT AND FIR INSTITUTED AGAINST THE PETITIONER (ACCUSED NO.1 AND 2) IN CONNECTION WITH BAGALKOTE CEN CRIME NO. 09/2021 FOR THE ALLEGED OFFENCES P/U/SEC. 420, 34 OF IPC. IN CRL. P. NO.102264/2023 BETWEEN: ABDUL JABBAR MAKANDAR S/O. MAKTUM ALI, AGE: 34 YEARS, OCC: BUSINESS, R/O. JANNAT NAGAR, 4TH CROSS, VIDYAGIRI, DHARWAD-580004. …PETITIONER (BY SRI. SANTOSH NARAGUND, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BAGALKOT CEN P.S. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. 2. JAFAR SADIQ BAGBAN S/O. ABDULAJIJ AGE: 39 YEARS, OCC: TEACHER, R/O: GALAGALI VILLAGE, BAJARGALLI, BILAGI, BAGALKOT-587116. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVARAJ BELLAKKI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR INSTITUTED AGAINST THE PETITIONER (ACCUSED NO.3) IN CONNECTION WITH BAGALKOT CEN CRIME NO.09/2021 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420, 34 OF IPC. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:9971 CRL.P No. 102774 of 2023 C/W CRL.P No. 102264 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Learned counsel for the petitioners has filed a memo seeking permission of this Court to withdraw the petitions. 2. The said memo is taken on record. The petitions are dismissed as withdrawn. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:ANB - 4 - HC-KAR NC: 2025:KHC-D:9971 CRL.P No. 102774 of 2023 C/W CRL.P No. 102264 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [KHALID IBADULLA MULLA AND ANOTHER VS. STATE OF KARNATAKA AND ANOTHER] 12.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON BEING SPOKEN TO Learned counsel for the petitioners submits memo was filed with a prayer to dismiss the petitions with liberty to challenge the charge sheet which is filed during the pendency of these two petitions. However, by mistake, the prayer in the memo has not been granted in the order impugned. In view of the said submission, Registry is directed to carry out necessary corrections in the order dated 07.08.2025 incorporating the sentence ‘The petitions are dismissed as withdrawn with liberty as prayed for’ in paragraph No.2 of the order in place of the sentence “The petitions are dismissed as withdrawn.” SD/- ( S.VISHWAJITH SHETTY) JUDGE Vmb List No.: 1 Sl No.: 1