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2025 Supreme(Online)(KAR) 3274

HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
ASHOK M – Appellant
Versus
STATE OF KARNATAKA – Respondent


Petitioner Advocates:ANIL SHEKAR K S ,Respondent Advocate:

ORAL ORDER

In this petition, the petitioner seeks the following relief:

"Quash the FIR in Crime No.0052/2023 of Yelahanka New Town Police for a offence under Section 188 , 447 R/w 34 of IPC filed by 1st respondent and charge sheet in C.C.No.14006/24 filed under Section 188 , 447 R/w 34 of IPC which is pending on the file of the VII Addl. CMM, Court, Bangalore City."

2. The issue in controversy between the parties involved in the present petition is directly and squarely covered by the judgment of this Court in Alfanse Franko Vs State of Moodabidri PS and Another in Crl.P.No.10544/2024 dated 20.01.2025, wherein it is held as under:

"In this petition, the petitioner seeks the following reliefs:

"1. To quash the cognizance order dated 22/07/2023 passed in CC no.527/2023 by the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure-D, wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity.

2. To quash the charge sheet dated 30/06/2023 filed by the Respondent no.1 Moodabidri PS pending as CC no.527/2023 arising out of crime no. 64/2023 before the learned Civil Judge and JMFC Moodabidri for the offences under section 188

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