- 1 - HC-KAR NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101209 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. KUMAR S/O SAINATH PUJAR, AGE. 25 YEARS, OCC. COOLIE, R/AT: ISHWAR NAGAR, HUGAR PLOT, 1ST CROSS, HUBBALLI-580 024. 2. YAMANURASAB S/O. KHADARSAB PINJAR @ NADAF, AGE. 28 YEARS, OCC. PRIVATE WORK, R/AT: ISHWAR NAGAR, 3RD CROSS, OLD HUBBALLI, HUBBALLI-580 024. 3. GURUSIDDA @ GURU S/O. YANKAPPA UPHAR, AGE. 27 YEARS, OCC. COOLIE, R/AT. ISHWAR NAGAR, 1ST CROSS, OLD HUBBALLI, HUBBALLI-580 024. 4. RUDRESH S/O. DANAPPA VADDAR, AGE. 27 YEARS, OCC. COOLIE (GLASS FITTING), RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022 R/AT: SADASHIV NAGAR, 1ST CROSS, OLD HUBBALLI, HUBBALLI-580 024. 5. NAGARAJ S/O. MALESH PUJAR, AGE. 25 YEARS, OCC. COOLIE, R/AT: ISHWAR NAGAR, 3RD CROSS, OLD HUBBALLI, HUBBALLI-580 024. … PETITIONERS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) AND: THE STATE OF KARNATAKA, KASABAPETH POLICE STATION, HUBBALLI, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 27.10.2021 WITH RESPECT TO THE REJECTION OF APPLICATIONS FILED UNDER SECTION 231(2) OF CR.P.C., IN S.C. NO.181/2019 PENDING ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS, DHARWAD, AT: HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 114, 143, 201, 323, 324, 302, 307, 326, 341, 427, 452, 504 R/W 149 OF IPC, AND ALLOW THE PETITIONERS TO FURTHER CROSS-EXAMINE CW-14/PW-4, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. This petition is filed with a prayer to quash the order dated 27.10.2021 passed on the application filed by the petitioners under Section 231(2) of Cr.P.C. before the trial Court in S.C.No.181 of 2019. 2. Learned counsel for the petitioners submits that inadvertently the petitioners had filed an application under Section 231(2) of Cr.P.C. instead of filing an application under Section 311 of Cr.P.C. and therefore this petition may be disposed off with liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C. 3. Submission placed on record. 4. Petition is dismissed as note pressed with liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C. - 4 - HC-KAR NC: 2025:KHC-D:12665 CRL.P No. 101209 of 2022 5. In the event such an application is filed, the trial Court shall consider the same on its merits and dispose of the same expeditiously. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 53