IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 203534 OF 2024 (GM-RES)

BETWEEN:

1. KESHAV @ KESHURAY S/O SHANKAR BIRADAR, AGED: 37 YEARS, OCC: C.H.C-223, CHOWK POLICE STATION, NOW AT BRAMPUR, KALABURAGI CITY, R/O. VARDHANAGAR, UDNOOR ROAD, KALABURAGI-585102.

2. UMESH S/O ANANDRAO DHANNUR, AGED: 40 YEARS, OCC. CPC 882, CHOWK POLICE STATION, KALBURGI CITY, R/O RAMNAGAR KALABURAGI-585102.

3. ASHOK S/O MANOHAR SUTAR, AGED: 43 YEARS, OCC: C.P.C-625, CHOWK POLICE STATION, KALABURAGI CITY, R/O. NANDAGOKUL NAGARA, UDNOOR ROAD, KALABURAGI-585102.

4. RAJU @ RAJKUMAR S/O AMRUTH CHOUDHARY, AGED: 33 YEARS, OCC: C.P.C-1100, CHOWK POLICE STATION, KALABURAGI CITY, R/O. SARASAMBA, TQ. ALAND, DIST. KALABURAGI-585302.

5. SIDRAMAYYA S/O RUDRAYYA MATHAPATI, AGED 42 YEARS, OCC: C.H.C-222, RAGHAVENDRA NAGAR POLICE STATION, KALABURAGI CITY, R/O. GOUDGAON, TQ. AFZALPUR, DIST. KALABURAGI-585213.

6. MUTTAPPA S/O RAVUTAPPA BUTTANI, AGED: 32 YEARS, OCC: A.P.C-262 CAR KALABURAGI CITY, NOW UNDER DEPUTATION AT STATE INTELLIGENCE DIVISION, KALABURAGI, R/O KOKATNUR, TQ. SINDAGI, DIST. VIJAYAPURA.

…PETITIONERS (BY SRI D. P. AMBEKAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH THE SHO , CHOWK POLICE STATION, KALABURAGI B. SUB-DIVISION KALABURAGI CITY, REP.BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585103. 2. SHRI DUNDAPPA S/O SIDDRAM JAMADAR, AGED: 29 YEARS, OCC: HOTEL EMPLOYEE, R/O. GANGANAGAR AFZALPUR, DIST. KALABURAGI, KALABURAGI CITY, KARNATAKA.

…RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI MAHANTESH H. DESAI, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS ACT, PRAYING TO a) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING ANNEXURE-F NAMELY, THE CHARGESHEET / FINAL REPORT NO.54/2024 DATED 29.08.2024 INVOKING OFFENCES PUNISHABLE U/SEC.323, 324, 341, 342, 504, 506 AND SEC.201 R/W SEC. 149 IPC, 1860. b) ISSUE A WRIT, ORDER OR DIRECTION IN NATURE OF CERTIORARI QUASHING ANNEXURE-G NAMELY ORDER DATED 09.09.2024 PASSED BY THE III ADDL. JMFC KALABURAGI IN CC NO. 10131/2024 TAKING COGNIZANCE OF OFFENCES PUNISHABLE U/SEC. 323, 324, 341, 342, 504, 506 AND SEC.201 R/W SEC. 149 IPC, 1860 AGAINST THE ACCUSED / PETITIONERS DESPITE DENIAL OF SANCTION BY THE COMPETENT AUTHORITY,. c) SUCH FURTHER OR OTHER RELIEFS BE GRANTED TO WHICH THE PETITIONERS WOULD BE FOUND ENTITLED TO ON THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.2 to 7 are before this Court in this petition filed under Article 226 of the Constitution of India, read with Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking for the following reliefs:

(a) Issue a writ, order or direction in the nature of certiorari quashing Annexure-F, namely, the charge- sheet/final report No.54/2024 dated 29.08.2024 invoking offences punishable under Section 323, 324, 341, 342, 504, 506 and Section 201 read with Section 149 of IPC, 1860.

(b) Issue a writ, order or direction in nature of certiorari quashing Annexure-G, namely, order dated 09.09.2024 passed by the III Additional JMFC Court, Kalaburagi, in C.C.No.10131/2024 taking cognizance of the offences punishable under Section 323, 324, 341, 342, 504, 506 and Section 201 read with Section 149 of IPC, 1860, against the accused/petitioners despite denial of sanction by the competent authority.

(c) Such further or other reliefs be granted to which the petitioners would be found entitled to on the facts and circumstances of the case;

2. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that, the petitioners herein are police officers and therefore, the sanction as provided un