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2026 DAILYLAW 16782 (KAR)

MOIDEEN IRSHAD K v. STATE OF KARNATAKA

WP/5428/2026 · 2026-04-25

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23002 WP No. 5428 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5428 OF 2026 (GM-RES) BETWEEN: 1. MOIDEEN IRSHAD K S/O. IBRAHIM K, AGED ABOUT 30 YEARS R/AT KOMBARABETTU HOUSE ADYANADKA, KEPU BANTWAL TALUK D.K DISTRICT - 574 260 …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADIKERI TRAFFIC POLICE STATION REP BY SPP HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA., HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.2420/2025 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, MADIKERI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 53(1) R/W 192 AND 146 R/W 196 OF IMV ACT TRAFFIC POLICE STATION, MADIKERI WHICH IS PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. GRANT AN INTERIM ORDER TO STAY THE PROCLAMATION WARRANT ORDER DATED 30.01.2026 AND ALL FURTHER PROCEEDINGS IN Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23002 WP No. 5428 of 2026 C.C.NO.2420/2025 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, AT MADIKERI WHICH PRODUCED AT ANNEXURE-A ABOVE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer : a. Issue writ or writ of certiorari to quash the entire proceedings in C.C No.2420/2025 on the file of Additional Civil Judge and JMFC, Madikeri, for the offence punishable under section 53(1) R/w 192 and 146 R/w 196 of IMV Act Traffic Police Station, Madikeri which is produced at ANNEXURE-A, in the interest of justice and equity. b. To grant such other relief/s deem fit under the circumstances of the case, in the interest of justice. 2. An order of proclamation is issued against the petitioner on this Court that he has not been appearing before the concerned Court. - 3 - HC-KAR NC: 2026:KHC:23002 WP No. 5428 of 2026 3. Learned counsel for the petitioner undertakes to appear before the concerned Court on the next ensuing date of listing which according to him is in the first week of June. Therefore, subject to the condition that the petitioner shall appear before the concerned Court on the next date of listing, the proclamation or any kind of warrant hanging on the head of the petitioner shall remain stayed. In the event, the petitioner would not appear before the concerned Court on the next ensuing date, the interim order now granted shall stand automatically vacated. With aforesaid observation, the writ petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE RJ List No.: 2 Sl No.: 76