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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO. 202013 OF 2025

(482(Cr.PC)/528(BNSS)

BETWEEN:

ABDUL KHAVEE

…PETITIONER

(BY SRI ASHOK MULAGE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

THROUGH CHOWK POLICE STATION,

KALABURAGI DIST KALABURAGI-585101.

Digitally signed by REP/BY ADDL. SPP

SHIVALEELA

DATTATRAYA HIGH COURT OF KARNATAKA,

UDAGI

Location: HIG H

KALABURAGI BENCH.

COURT OF

KARNATAKA

2. SRI MOHAMMED ALIUDDIN @ ALI BABA

…RESPONDENTS

(BY SRI GOPAL KRISHNA B. YADAV, HCGP FOR R1;

R2 SERVED)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.

528 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND

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SET ASIDE THE ORDER OF TAKING COGNIZANCE AND

ISSUANCE OF SUMMONS DATED 13.06.2022 ON THE FILE III

ADDL. JMFC KALABURAGI AND QUASH THE ENTIRE CHARGE

SHEET IN C.C.NO.12380/2022 ARISING OUT OF CRIME NO.

139/2021 OF CHOWK PS KALABURAGI FOR THE OFFENCE

PUNISHABLE U/SEC. 67 OF I.T. ACT AGAINST THE ACCUSED/

PETITIONER IN THE INTEREST OF JUSTICE.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023, seeking to set aside the

order of cognizance dated 13.06.2022 and to quash the

charge-sheet in C.C.No.12380/2022, arising out of Crime

No.139/2021 of Chowk Police Station, Kalaburagi, for the

offence punishable under Section 67 of the Information

Technology Act, 2008 (for short, ‘the I.T.Act’), pending on

the file of III-Addl. Civil Judge and JMFC, Kalaburagi.

2. The abridged facts of the case are that,

respondent No.2, lodged a complaint before the 1^st

respondent-Police on 13.11.2021 alleging that, the he is

resident of Shaikh Roza Dargah, Kalaburagi and his

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brother-Mohd.Allauddin Junaidi @ Gouse Baba has

constructed a N.J.Kalaburagi Kalyana Mantapa near Aland

Check Post road, Kalaburagi. For inaugural ceremony of

said Kalyana Mantapa, held on 15.11.2021, the brother of

respondent No.2 invited Hindu and Muslim religious

leaders along with the political leaders.

3. On 13.11.2021 at about 07.00 p.m. when the

respondent No.2 and his brother were near the Kalyana

Mantapa, he received a whatsapp message in his mobile

No.9844787861 from the petitioner. In the said message

the petitioner has made defamatory statement, stating

that, respondent No.2 and his brother should not have

invited Hindu priests for the inauguration, since those

Hindu priests treated Muslims very badly and they are

born for doing pooja only. It is also stated that, they does

not give respect the community who believes in Allah.

Hence, the complainant has lodged the complaint against

the petitioner before the 1^st respondent-police on

13.11.2021, which was registered in Crime No.139/2021

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for the offence punishable under Section 67 of I.T. Act.

Thereafter, the 1^st respondent-Police have conducted the

investigation and laid charge-sheet against the petitioner

for the aforementioned offence. Hence, this petition to

quash the proceedings.

4. Heard learned counsel for the petitioners and

learned High Court Government Pleader for respondent

No.1-State.

5. Learned counsel for the petitioner reiterating

the grounds urged in the petition averments contended

that, the entire allegation in the complaint was taken on

its face value, the offence under Section 67 of I.T.Act does

not attract against the petitioner. Hence, he prays to allow

the petition.

6. Learned High Court Government Pleader

opposed the prayer stating that, now the investigation has

been completed and charge-sheet has been laid against

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the accused. Hence, the proceedings cannot be quashed.

Accordingly, prays to dismiss the petition.

7.

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