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Raheem vs The State Of Karnataka on 11 June, 2019

1

CRL.P. NO.9189/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF JUNE, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.9189 OF 2018

BETWEEN:

RAHEEM
S/O HYDER
AGED ABOUT 38 YEARS,
R/AT KALAVARU HOUSE, CHURCH ROAD
NEAR HIGH SCHOOL, BAJAL NANTHUR
MANGALURU TALUK, D.K.DISTRICT-575 027 … PETITIONER

(BY SHRI. B. LETHIF, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY SURATHKAL POLICE STATION
REP. BY S.P.P, HIGH COURT BUILDING
BENGALURU-560 001

2. SMT. REHANA
W/O HUSSAIN
AGED ABOUT 28 YEARS
R/AT NEAR ITI, 9TH BLOCK
KATTIPALLA MANGALORE TALUK
D.K. DISTRICT, PIN-575 030 … RESPONDENTS

(BY SMT. K.P. YASHODHA, HCGP FOR R-1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONER IN C.C.NO.2251/2014 (CR.NO.96/2005) OF SURATHKAL P.S.,
D.K., DISTRICT ON THE FILE OF THE II-JMFC, MANGALORE, D.K., FOR
THE OFFENCE P/U/S 498A,504,506 R/W 149 OF SectionIPC.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:-
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CRL.P. NO.9189/2018

ORDER

Second respondent filed a private complaint in PCR

No.101/2005 before the JMFC, II Court, Mangalore, against

six accused alleging commission of offences punishable under

Sections 498-A, Section504, Section506, r/w 149 of SectionIPC. Learned

Magistrate referred the case for investigation under Section

156(3) of Cr.P.C. Pursuant thereto, FIR No.96/2005 was

registered in Surathkal Police station. After investigation,

police have filed charge sheet. Petitioner was arrayed as

accused No.4. Since he was not available, split up charge

sheet was filed. Other accused were tried in

C.C.No.5360/2005. By judgment and order dated

13.10.2016, Accused Nos.1 to 3, 5 6 have been acquitted

by the learned Magistrate.

2. Shri Lethif B., learned advocate for the petitioner

submits that order of acquittal of other accused has attained

finality. This submission is not opposed by the learned HCGP.

3. In the circumstances, no useful purpose would be

served by subjecting the petitioner to undergo trial inasmuch
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CRL.P. NO.9189/2018

as the allegations levelled against the accused are common

and omnibus in nature.

4. Resultantly, this petition is allowed. The

proceedings in C.C.No.2251/2014(Crime No.96/2005)

pending on the file of JMFC, II Court at Mangaluru, D.K. are

quashed.

No costs.

Sd/-

JUDGE

Yn.

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