- 1 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103313 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MALIKJAN S/O DASTAGEERASAB KALLIMANI AGE. 41 YEARS, OCC. BUSINESS, R/O. GANDHI CHOWK, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. 2. HASANSAB S/O MADARSAB MUGATAKHAN AGE. 66 YEARS, OCC. BUSINESS, R/O. MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. 3. MADARSAB S/O HASANSAB MUGATAKHAN AGE. 35 YEARS, OCC. LABOURER, R/O. AMAN NAGAR, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. 4. RAJESAB S/O HASANSAB MUGATAKHAN AGE. 28 YEARS, OCC. LABOURER, R/O. AMAN NAGAR, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. 5. AMEERHAMZA @ AMEERSAB S/O MAIBOOBSAB THARATHARI AGE. 70 YEARS, OCC. RETIRED EMPLOYEE, R/O. 3RD CROSS, AMAN NAGAR, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 6. NIZAMSAB @ NIZAM S/O RAMAJANSAB DANGE AGE. 33 YEARS, OCC. LABOURER, R/O. AMAN NAGAR, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. …PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY POLICE SUB INSPECTOR, MUDALAGI POLICE STATION, MUDALAGI 591312, THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. IRSHAD S/O ABDULSAB INAMDAR AGE. 35 YEARS, OCC. SOCIAL WORKER, R/O. LAXMI NAGAR, MUDALAGI 591312, TQ. MUDALAGI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; MISS. KAVITA RATHOD, ADVOCATE FOR SRI SANTOSH B. MALAGOUDAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE IMPUGNED INITIATION OF CRIMINAL PROCEEDINGS CC NO.1621/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, MUDALAGI FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(2), 115(2), 126(2), 109. 352, 351, 190 OF BHARATIYA NYAYA SANHITA AS AGAINST THE PETITIONERS/ACCUSED NO. 1 TO 6 IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Shriharsh A. Neelopant, learned counsel for the petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 and Miss. Kavita Pathod, learned counsel appearing on behalf of Sri.Santosh B. Malagoudar, learned counsel for respondent No.2. 2. Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “Wherefore, it is most humbly prayed that this Hon’ble Court may kindly be pleased to quash the impugned initiation of criminal proceedings CC No.1621/2025 pending on the file of Civil Judge and JMFC, Mudalagi for the offences punishable under Section 189(2), 191(2), 115(2), 126(2), 109, 352, 351, 190 of Bharatiya Nyaya Sanhita as against the petitioners/accused Nos.1 to 6 in the interest of justice and equity.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: - 4 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 Respondent No.2 lodged a complaint with Mudalgi Police Station on 11.01.2025 which was registered in Crime No.7/2025 for the offences punishable under Sections 189(2), 191(2), 115(2), 126(2), 109, 352, 351 and 190 of Bharatiya Nyaya Sanhita, 2023. 4. Police after registering the case, thoroughly investigated the matter and filed the charge sheet. 5. Learned counsel for the petitioners would contend that the complaint is a motivated complaint and there are already orders which have been passed by the Civil Court and this Court in writ petition with regard to possession of the property wherein respondent No.2 is claiming that the disputed property is belonging to Waqf. 6. He also brings it to the notice of this Court that there is an order of status quo and therefore, per se the criminal complaint in respect of a civil dispute is not maintainable and therefore, continuation of the proceedings in the pending criminal case would amount to abuse of process of law. - 5 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 7. Per contra, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 and Miss. Kavita Pathod, learned counsel appearing on behalf of Sri.Santosh B. Malagoudar, learned counsel for respondent No.2 supports the impugned order of taking cognizance and proceeding with the criminal case. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, there is no loss of time in lodging the complaint in respect of the incident and the medical examination of the injured has taken place and wound certificate is part of the charge sheet records. 10. Learned counsel for the petitioners would however contend that there is no grievous injury. If it is so, it is a matter of trial and learned Trial Judge would take appropriate notice of the injuries and thereafter, pass appropriate orders after the trial. - 6 - HC-KAR NC: 2026:KHC-D:285 CRL.P No. 103313 of 2025 11. It is too premature for this Court to form an opinion with regard to the injury and what offence has been committed based on the wound certificate alone. 12. Further, if any particular offence is not attracted in the facts and circumstances of the case from the charge sheet material, it is always open for the petitioners to seek for discharge of that particular offence. 13. With that liberty and without holding mini trial to find out the merits and demerits of the case, following: ORDER i. Petition is dismissed. ii. Petitioners are at liberty to seek for discharge of any of the offences that is found in the charge sheet by filing appropriate application in accordance with law. Sd/- (V.SRISHANANDA) JUDGE KAV, CT:CMU LIST NO.: 2 SL NO.: 68