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NC: 2023:KHC:21190

CRL.P No. 4635 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JUNE, 2023

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 4635 OF 2023

BETWEEN:

1.

NAWAZ PASHA,

S/O SYED LIYAKTA PASHA,

AGED ABOUT 29 YEARS,

R/AT: 1154, VEERAANJANEYA NAGARA,

KOLAR-563 101.

2.

AFSAR PASHA,

S/O MOHAMMED ASHRAF,

AGED ABOUT 28 YEARS,

R/AT: 629, RAHAMATH NAGAR,

C.B PUR ROAD, NEAR NOORANI MASJID,

KOLAR-563 101.

3.

SHABAZ SHARIF,

S/O AHAMED SHARIF,

AGED ABOUT 31 YEARS,

R/AT: 194, GOWRIPET,

KOLAR-563 101.

4.

SYED NAWAZ UDDIN,

S/O ALLAH BAKASH,

AGED ABOUT 37 YEARS,

R/AT: 1321,

2ND MAIN ROAD,

DARGA, SHAHI MOHALLA,

KOLAR CLOCK TOWER,

KOLAR-563 101.

Digitally signed

by PADMAVATHI

B K

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 4635 of 2023

5.

CHAND PASHA,

S/O WAJEER,

AGED ABOUT 39 YEARS,

R/AT: 2ND MAIN ROAD,

4TH CROSS, SHASHEED NAGARA,

KOLAR-563 102.

6.

HIDAYATHULLA SHARIFF,

S/O SHAFIULLA SHARIFF,

AGED ABOUT 35 YEARS,

R/AT: NO.65 SHAHINSHA NAGAR,

KUTUB SHAHINSHA NAGAR,

KOLAR-563 101.

7.

JAFER KHAN,

S/O HUSSAIN KHAN,

AGED ABOUT 29 YEARS,

R/AT: 1281, NEAR TASHA-DELASH DARGA,

TASHA NAGAR,

KOLAR-563 101.

8.

MOHAMMED IMRAN,

S/O MOHAMMED ASHRAF,

AGED ABOUT 23 YEARS,

R/AT: RAHAMATH NAGAR,

KOLAR-563 101.

9.

BILAL,

S/O MUSTAFA,

AGED ABOUT 37 YEARS,

R/AT: NO.603, SHAHINSHA NAGAR,

BANGARPET,

KOLAR-563 101.

10. SHABAZ PASHA,

S/O AKBAR PASHA,

AGED ABOUT 32 YEARS,

R/AT: SHAHINSHA NAGAR,

KOLAR-563 101.

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NC: 2023:KHC:21190

CRL.P No. 4635 of 2023

11. AL BADHIYO MOMEEN,

C/O. SYED ANWAR,

AGED ABOUT 32 YEARS,

R/AT: NO.18, KHB COLONY,

KEELUKOTE LAYOUT,

KOLAR-563 101.

…PETITIONERS

(BY SRI. LETHIF B., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY KOLAR TOWN POLICE STATION,

KOLAR DISTRICT,

REP. BY SPP, HIGH COURT BUILDING,

BANGALORE-560 001.

2.

POLICE HEAD CONSTABLE,

KOLAR TOWN POLICE STATION,

KOLAR DISTRICT-563 101.

…RESPONDENTS

(BY SMT. K.P. YASHODA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C

PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE

PETITIONER IN C.C.NO.80/2022 ON THE FILE OF THE

PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR OF KOLAR

TOWN POLICE STATION, KOLAR DISTRICT FOR THE OFFENCE

P/U/S.143, 341, 504 R/W SEC.149 OF IPC WHICH IS

PRODUCED AS ANNEXURE A AND ETC.,

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:21190

CRL.P No. 4635 of 2023

ORDER

Heard Sri.Lethif B., learned counsel appearing for the

petitioners and Smt.K.P.Yashoda., the learned High Court

Government Pleader appearing for the respondents.

2.

The petitioners are before this Court calling in

question the proceedings in C.C.No.80/2022 registered for

offences punishable under Sections 143, 341 and 504 read with

Section 149 of IPC.

3.

Learned counsel for the petitioners Sri.Lethif B.,

would submit that the issue in the lis stands covered by the

judgment rendered by this Court in Crl.P.No.6763/2020,

disposed on 11.03.2022. This Court, following the earlier

judgments rendered by the co-ordinate Benches had quashed

the proceedings against those petitioners, wherein this Court

held as follows:

"

2.

The issue in the petition is akin to what

is decided in Crl.P.No.3916/2018 disposed on

17.02.2020, wherein this Court has examined the

identical facts and offences alleged against the

petitioners therein. While so examining, this Court

has held as follows:

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CRL.P No. 4635 of 2023

“4.

The gist of the complaint is that on

23.05.2017 at about 11.30 a.m., received a

credible information that a group of people

gathered on Queen’s Road shouting slogans

against the Government. Immediately, he

went to the spot and found that 50 young

men assembled illegally and disturbed the

public and vehicles without prior permission

from the station. On enquiry he found th