- 1 - NC: 2025:KHC-D:7 WP No. 105729 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105729 OF 2024 (GM-POLICE) BETWEEN: RAJENDRA S/O. GAUTAM BAILUR, AGE: 32 YEARS, OCC: BUSINESS, R/O: DANE GALLI, SHAHAPUR ,BELAGAVI, BELAGAVI – 590 003. …PETITIONER (BY SRI RAM P. GHORPADE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CAMP POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD – 11. 2. THE DEPUTY COMMISSIONER OF POLICE, (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE, BELAGAVI – 590 001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUED A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED OF NOTICE DATED 22.05.2024 (ANNEXURE-C MAG/CR.P.C./364/COP/ BELAGAVI/2024) ISSUED BY THE RESPONDENT NO.2 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:7 WP No. 105729 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. Issued a writ in the nature of certiorari quashing the impugned of notice dated 22.05.2024 (Annexure-C MAG/CR.P.C./364/COP/BELAGAVI/2024) issued by the Respondent no.2; ii. Pass such other order/orders as this Hon’ble Court deems fit, in the facts and circumstances of the case, including order as to costs, in the interest of justice. iii. Grant any other relief as deemed fit may kindly be granted in the interest of justice. 2. Both the learned counsel appearing for the petitioner and the learned AGA in unison submit that the issue in the lis stands answered by the judgment of the Coordinate Bench. The Coordinate Bench in Crl.P.No.101906/2024 has held as follows: “Accused Nos. 32 to 38 have filed this criminal petition challenging the proceedings initiated in C.C.No.13/2022 pending on the file of II JMFC Court, Belagavi for the offences punishable under Sections 143, 147, 148, 307, 353, 153, 336, 427, 435, 109, 504, 506 read with 149 of the IPC, Section 2(A) of the Karnataka Prevention of Destructions and Loss of Property Act, - 3 - NC: 2025:KHC-D:7 WP No. 105729 of 2024 1981 and Section 4 of the Prevention of Damage to Public Property Act, 1984. 2. This Court in relation to the other accused quashed the proceedings in Crl.P.No.100607/2022, 100675/2022 and 100677/2022 on the ground that even in the charge sheet, there were no overt-acts attributed against the accused therein. 3. Even in this case, as per the averments made in the charge sheet, there are no overt-acts attributed against these petitioners. Therefore, on the same analogy, the proceedings against these petitioners also cannot be sustained. 4. Accordingly, this petition is allowed. Consequently, the proceedings in C.C.N.13/2022 pending on the file of II JMFC Court, Belagavi for the aforesaid offences are set aside.” 3. In the light of the issue standing covered, the subject petition deserves to succeed on the same terms. 4. The petition is thus disposed off accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 24