- 1 - HC-KAR NC: 2026:KHC:2466 CRL.P No. 15232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 15232 OF 2025 BETWEEN: MOHAMMED IQBAL @ IKKU, S/O H.IBRAHIM, AGED ABOUT 27 YEARS, R/AT D.NO.H5-197, MUMTAZ MANZIL, MUNDELU PUTTIGE VILLAGE, MIJARU POST, MOODABIDRE TALUK, DAKSHINA KANNADA – 574 142. …PETITIONER (BY SRI. MAHAMMAD ANWAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY BAJPE POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. RAMA POOJARY, AGED ABOUT 53 YEARS, ASI, BAJPE POLICE STATION, MANGALURU CITY, D.K. DISTRICT – 574 142. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2466 CRL.P No. 15232 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C., (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.345/2024 ON THE FILE OF J.M.F.C (VI COURT) MANGALORE, D.K FOR THE OFFENCE P/U/S 4, 5, 12 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT OF BAJPE P.S. WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, 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 prayers: "Wherefore, the Petitioner prays that this Hon'ble Court be pleased to quash the entire proceedings against the petitioner in C.C No.345/2024 on the file of JMFC(VI Court), Mangalore, D.K for the offence punishable under section 4, 5, 12 of Karnataka prevention of cow slaughter and cattle preservation act of Bajpe Police Station, which is produced at ANNEXURE- 'A', in the interests of justice." 2. Heard Sri.Mahammad Anwar, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:2466 CRL.P No. 15232 of 2025 3. The accused No.1 was before the Coordinate Bench in Crl.P.No.1014/2025 which comes to be allowed by the Coordinate Bench and the proceedings stood quashed. In the same crime, the petitioner is accused No.2. In that light, the petitioner is also entitled to the same relief that is granted by the Coordinate Bench. The Coordinate Bench has held as follows: "The petitioner/accused, who has been charge-sheeted for offences punishable under Sections 4, 5, and 12 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 2020, is before this Court seeking relief. 2. The prosecution alleges that on 26.03.2023, while the complainant was working as an Assistant Sub- Inspector (ASI) and his staff were patrolling, they noticed the petitioner riding a motorcycle from the Moodbidre side with a white plastic gunny bag placed on the front of the scooter. When the complainant instructed him to stop, the accused attempted to escape. Upon interception and further enquiry, it was discovered that the petitioner was unlawfully carrying 20 kg of beef. The accused allegedly stated that he had purchased the beef from accused No. 2, who had slaughtered cattle and sold the meat to him, and that he was transporting it for sale in Wamanjur. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. The offences alleged against the petitioner are cognizable. Section 8 of the Act, 2020, deals with the power of search and seizure and states that if a police officer not below the rank of a Sub-Inspector, or any - 4 - HC-KAR NC: 2026:KHC:2466 CRL.P No. 15232 of 2025 competent authority, has reason to believe that an offence under the Act has been committed, they have the power to inspect cattle, premises, and any materials used or intended to be used in the commission of such an offence. 5. In the instant case, the Assistant Sub-Inspector— who is of a rank inferior to a Sub-Inspector—conducted the search and seizure of the beef allegedly being transported by the petitioner/accused No. 1. 6. Since the offences alleged against the petitioner are cognizable, the police ought to have registered the FIR or recorded the information in the Station House Diary before proceeding with the search and seizure. 7. However, in this instance, the search and seizure were conducted before the FIR was registered or the information was recorded in writing in the Station House Diary. 8. In view of these circumstances, the search and seizure carried out by the Assistant Sub-Inspector—who is neither a competent authority under Section 8 of the Act nor of the requisite rank—along with the subsequent FIR registration and cognizance of the offence, is vitiated due to non-compliance with the mandatory provisions of Section 8 of the Act and Section 154 of the Cr.P.C. Consequently, the continuation of the criminal proceedings would be an abuse of the process of law. ORDER i. Accordingly, petition is allowed. The impugned proceedings in C.C.No.345/2024 on the file of JMFC (VI Court), Mangaluru D.K. insofar it relates to accused No.1 is hereby quashed." 4. In the light of the afore-quoted judgment and the identical facts, the petitioner-accused No.2 is also entitled for the similar relief. - 5 - HC-KAR NC: 2026:KHC:2466 CRL.P No. 15232 of 2025 5. For the aforesaid reasons, the following: O R D E R i) The Criminal Petition is allowed. ii) Proceedings in C.C.No.345/2024 pending on the file of the JMFC (VI Court), Mangalore, D.K, qua the petitioner-accused No.2 stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 40 CT:SS