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2025 Supreme(Online)(Kar) 13777

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
ASHRAF S/O MAHABOOB PEERAN – Appellant
Versus
STATE BY CHANNGIRI P.S. – Respondent
CRIMINAL PETITION NO. 7247 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. SAMEER S.N
For the Respondents: SRI. K. NAGESHWARAPPA, HCGP FOR R1

The court allows petitioners the liberty to seek discharge, emphasizing available legal remedies against an FIR.

Headnote:This judgment pertains to a petition filed under Section 482 of the Criminal Procedure Code, aiming to quash an FIR with specific offenses outlined under the Indian Penal Code and the Prevention of Damage to Public Property Act. The Court determined that the petitioners should be given liberty to seek discharge and pursue further remedies as per law. The key issue was the petitioner's appeal for quashing the FIR, with the Court finding in their favor by permitting them to seek appropriate relief through the Sessions Court. The final order affirms the petitioners' right to pursue their legal remedies.

Table of Content
1. factual context of the case established. (Para 1)
2. petitioners granted the opportunity for discharge. (Para 2)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7247 OF 2025 BETWEEN:

1. ASHRAF S/O MAHABOOB PEERAN, AGED 23 YEARS, R/AT KGN NAGARA, 4TH CROSS, CHANNGIRI, DAVANAGERE - 577 213.

2. SYED RAZIQ S/O SYED DASTAGEER, AGED 25 YEARS, R/AT NO.170, HALE SYEDAN MOHALLA, CHANNAGIRI, DAVANAGERE - 577 213.

Digitally signed by MAYAGAIAH 3. M. DADAPEER VINUTHA S/O MAHABOOB PEERAN, Location: KGN NAGARA High Court of 4TH CROSS, CHANNAGIRI, Karnataka DAVANAGERE - 577 213.

…PETITIONERS (BY SRI. SAMEER S.N, ADVOCATE)

AND:

1. STATE BY CHANNGIRI P.S., REP. BY THE SPP HIGH COURT OF KARNATAKA BANGALORE - 01.

2. SRI THIPPESWAMY M.B.

S/O BASANNA M., AGED 36 YEARS, KSRTC BUS DRIVER, TOKEN NO. 238, BELLARY, 2 DEPOT, BELLARY.

…RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED FIR IN CR.NO.273/2023 DATED 05.07.2023 BY THE RESPONDENT NO.1 CHANNAGIRI P.S. AND SUBMITTED TO THE PRL.CIVIL JUDGE (JR.DN.) AND JMFC COURT, CHANNAGIRI, DAVANAGERE, FOR OFFENCES P/U/S. 279, 323, 353, 341, 427 R/W 34 IPC AND SECTION 3(1) OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984, AS AGAINST THESE PETITIONERS.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be disposed of reserving liberty in favour of the petitioners to seek discharge and/or file an application for discharge before the Sessions Court, which may be directed to consider and pass appropriate orders in accordance with law. His submission is placed on record.

2. The petition is disposed of reserving liberty in favour of the petitioners to seek discharge and/or file an application for discharge, which shall be considered by the Sessions Court in accordance with law.

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