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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF AUGUST 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

WRIT PETITION NO.26083 OF 2018(GM-RES)

BETWEEN:

MR MUSTHAFA

AGED ABOUT 24 YEARS

S/O ABBAS,

R/A PURUSHARA KATTE,

NARIMOGARU VILLAGE,

PUTTUR TALUK,

D.K-575006.

... PETITIONER

(BY SRI: H MALATESH, ADVOCATE)

AND

THE STATE -THROUGH THE SUB

INSPECTOR OF POLICE,

PUTTUR TOWN POLICE STATION,

PUTTUR,

MANGALORE TALUK, D.K. DISTRICT

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU-560001.

... RESPONDENT

(BY SMT: NAMITHA MAHESH B.G., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227

OF THE CONSTITUTION OF INDIA READ WITH SECTION 482

CRPC PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING

IN C.C. NO.2352/2013 AND SPLIT UP CASE NO. 495/2014

(CRIME NO. 38/2008, PUTHUR TOWN POLICE) AND NOW

PENDING IN PRL. C.J. & ACJM AND AT PUTTUR, D.K. FOR THE

OFFENCE UNDER SECTIONS 143, 144, 147, 148, 324, 504, 506

R/W 149 IPC VIDE ANEX-A. AND TO GRANT AN INTERIM ORDER

TO STAY THE ENTIRE PROCEEDINGS IN C.C. NO. 2352/2013

AND THE SPLIT-UP CASE BEARING NO. C.C.NO. 495/2014

PENDING IN PRL. C.J. AND ACJM AND AT PUTTUR VIDE ANEX-A

IN SO FAR AS THIS PETITIONER IS CONCERNED.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

Learned HCGP takes notice for the respondent.

Petitioner is accused No.10 against whom split up charge

sheet is filed in C.C.No.2352/2013(Split Up case No.495/2014)

arising out of Cr.No.38/2008.

2. Learned counsel for the petitioner submits that the

material allegations are levelled only against accused Nos.3 to 6

and 8, but accused Nos.3 to 6 and 8 are already acquitted by the

trial court after elaborate trial as per order dated 01.07.2017 in

C.C.No.289/2014 and considering similar accusations made

against accused No.1, this Court in W.P.No.37040/2017(GM-

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RES) has quashed the proceedings against accused No.1 by

order dated 21.08.2017 and the petitioner also stands on the

same footing.

3. The learned HCGP does not dispute the above facts and

submissions. As the allegations made against the petitioner

herein are at par with accused No.1 against whom proceedings

are already quashed by this Court, in my view, the proceedings

initiated against the petitioner herein are also required to be

quashed on the ground of parity.

Accordingly, the writ petition is allowed. The proceedings

initiated against the petitioner in C.C.No.2352/2013(Split Up

case No.495/2014) arising out of Cr.No.38/2008 on the file of

Prl. Sr. Civil Judge & Addl. CJM, Puttur, Dakshina Kannada is

hereby quashed. Petitioner/accused No.10 is acquitted of the

offences punishable under sections 143, 147, 148, 324, 504, 506

r/w 149 Indian Penal Code.

Sd/-

JUDGE

*mn/-