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2009 Supreme(Kar) 767

SUBHASH B.ADI
Ningappa Parasappa Pujari – Appellant
Versus
State of Karnataka rep. by Puiblic Prosecutor, Gulbarga – Respondent


Advocates appeared:
For the Petitioners:Shivanand V Pattanshetty, Advocate.
For the Respondent: Anuradha Desai, Addl. SPP.

Judgment :-

1. Petitioners have sought for quashing of proceedings in S.C.No.140/2005 pending on the file of I Addl. Sessions Judge at Bijapur for the offences punishable under Sections 143, 147, 148, 353, 336, 333, 332, 504, 506(2) read with Section 149 of IPC and further read with Section 2(a) of the Karnataka Prevention of Destruction of Loss of Property Act, 1981.

2. Bijapur Rural Public registered a case in Crime No.257/2002 on 21.12.2002 for the above said offences, interalia alleging that, the incident has taken place between 2.15 to 2.45 p.m. on 21.12.2002. It is alleged that, the police was on bandobast duty in connection with the election of President and Vice President of Madabhavi Grama Panchayath. For the said election, Jainabi w/o Razacksab Madabhavi and Lakshmi Bai w/o Pulesha Bandivaddara were likely candidates to be elected as President and Vice President. One Ningappa Parasappa Puraji had also submitted his nomination, date was fixed for scrutiny of the nomination. The said Ningappa Pujari had no majority support in this regard. Accused wanted to disturb the election process. The accused came in 2 jeeps and 7 to 8 motor bikes and about 10 to 12 persons had armed wi










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