High CourtsSingle Bench(2024) 02 KAR CK 0049

Mohammed Haris Nalapad vs State Of Karnataka, Through Shivajinagar P S, Represented By Spp Office, High Court Of Karnataka, Bengaluru � 560001 & Others

Karnataka High Court · Decided on 23 February 2024

HON’BLE JUDGES
Krishna S Dixit, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1830 Of 2024 (482)

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Judgment

7 paragraphs · 211 words

Krishna S Dixit, J

1.

The subject matter of this petition is substantially similar to the one in Crl.P.No.3431/2023 between D.K.SHIVAKUMAR vs. STATE OF KARNATAKA, disposed off on 14.07.2023 by a Coordinate Bench of this Court granting relief to the litigant of similar circumstances. This assertion of counsel for the petitioner is not much disputed by the learned Addl. SPP appearing for the State.

2.

In the Coordinate Bench judgment, the following relief has been granted to the cognate litigant. The same reads as under:

“Therefore, for the aforesaid reasons, the petition is allowed. The proceedings in C.C.No.25317/2022 pending on the file of 42nd ACMM, Bengaluru for the offences punishable under Section 188 of IPC and Section 31 r/w Section 103 of the Karnataka Police Act sands quashed qua the petitioner.”

In view of the above, this petition is allowed; the proceedings in C.C.No.25317/2022 pending on the file of 42nd ACMM, Bengaluru, are set at naught as against the petitioner.

The jurisdictional police shall remit the papers under Section 195(2) of the Code of Criminal Procedure, 1973 to the jurisdictional Magistrate within three weeks and report compliance to the Registrar General of this court failing which stringent action may be taken against the said police.

All pending applications pale into insignificance.