KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI. LOKESH AMBEKALLU – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
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| 1. procedural flaws in fir examined. (Para 4 , 5 , 6) |
ORAL ORDER
“ A) Issuance of a writ of certiorari quashing the entire proceedings in CC No.8861/2023 (Crime No.221/2023 of Byadarahalli Police Station) for the offence punishable under Section 3 of the Karnataka Open Place Disfigurement Act , pending before the learned Chief Judicial Magistrate Bengaluru Rural Court at Bangalore, produced at Annexure-
B) Pass of such other order/s or directions as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.”
3. A perusal of the material on record will indicate that the
4. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witnesses, documents clearly establish that having regard to the undisputed fact that the petitioner had sought for permission to conduct rally and in the absence of any material to establish that it was the petitioner who had actually placed the alleged buntings, flags or banners in public places, the petitioner cannot be said to be guilty of commission of the alleged offence. Further, no show-cause notice had been issued to the petitioner alleg
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