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2022 Supreme(Kar) 41

MOHAMMAD NAWAZ
Suresh S/o Ramappa Kapse – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sandesh Chouta, Srinand A. Pachhapure.
For the Respondent: Ramesh B. Chigari.

ORDER :

1. The Revision Petitioners have questioned the legality and correctness of the order dated 03.10.2019 passed by the Court of I Addl. District and Sessions Judge, Bagalkot in S.C. No. 57/2018 whereby their application filed under Section 227 of Cr.P.C. has been rejected.

2. Heard the learned Senior counsel Sri. Sandesh Chouta appearing for the petitioner and the learned HCGP for respondent/State.

3. Petitioners are arraigned as accused Nos. 7 to 9, 11, 13, 14, 16 and 17 respectively in the charge-sheet filed by the respondent/Police in connection with Crime No. 98/2017 of Banahatti Police Station, for offences punishable under Sections 143, 147, 148, 341, 120(b), 302, 307, 109 R/w. 149 of IPC.

4. The incident has taken place on 30.09.2017 around 8:00 a.m. wherein the accused persons are alleged to have formed an unlawful assembly armed with lethal weapons and assaulted the deceased by name Chikkayya with the weapons they were carrying, allover his body and committed his murder.

5. The petitioners herein filed an application under Section 227 of Cr.P.C. for their discharge from the case which was rejected by the learned session Judge vide impugned order, holding that the prosecut

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