IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100169/2019

BETWEEN:

MOHAMMED ALI S/O. HUSSAIN SHEIKH

AGED ABUT 65 YEARS,

OCC:BOUND WRITER,

R/O. LAMENTON ROAD,

OPP SUBURBAN POLICE STATION,

MADIMON COMPLEX, HUBBALLI.

... PETITIONER

(BY SRI. VIJAY S CHINIWAR, ADV.)

AND:

1 . THE STATE OF KARNATAKA

THROUGH SUBURBAN POLICE STATION

HUBBALLI,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH AT DHARWAD.

2 . SOMACHARYA

S/O. RAMACHARYA KADLASKAR

AGED ABOUT 29 YEARS,

OCC:BUSINESS,

R/O. PRATHAMSHATTI ONI,

HUBBALLI, DIST:DHARWAD.

... RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1.

SRI. VIHSWANATH S. BICHAGATTI, ADV. FOR R2.)

2

THIS CRIMINAL PETITION IS FILED U/S 482 OF

CR.P.C. SEEKING TO SETTING ASIDE THE IMPUGNED

ORDER

DATED

03.10.2017

IN

CRL.

REVISION

PETITION NO.78/2017 PASSED BY V-ADDL. DIST. &

SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI,

BY QUASHING THE ENTIRE CRIMINAL PROCEEDINGS IN

C.C.

1682/2017

(P.C.

NO.819/2012)

FOR

THE

OFFENCES P/U/S 420, 423, 464, 465, 466, 468, 474

R/W SEC. 34 OF IPC, PENDING ON THE FILE OF THE

PRL. CIVIL JUDGE & JMFC, HUBBALLI IN SO FAR AS IT

RELATES

TO

PETITIONER/ACCUSED

NO.3

IS

CONCERNED.

THIS PETITION COMING ON FOR ADMISSION,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner/accused No.3 has invoked

the jurisdiction of this Court under Section 482

of

the

Code

of

Criminal

Procedure,

1973

(hereinafter referred to as the ‘Cr.P.C.’, for

short) seeking setting aside the order dated

03.10.2017 passed by the learned V Additional

District and Sessions Judge, Dharwad, sitting

at

Hubballi

in

Criminal

Revision

Petition

No.78/2017 and consequently quashing of the

entire proceedings in CC No.1682/2017 for the

3

offence punishable under Sections 420, 423,

464, 465, 466, 468 and 474 read with Section

34 of the Indian Penal Code (hereinafter

referred to as the ‘IPC’, for short) pending on

the file of the learned Principal Civil Judge and

JMFC, Hubballi, so far as the petitioner/accused

No.3 is concerned.

2.

Heard the learned counsel for the

petitioner

and

the

learned

High

Court

Government Pleader for respondent No.1-State.

3.

Respondent

No.2

has

filed

a

complaint

in

CC

No.819/2012

against

the

petitioner and other accused for the offence

punishable under Sections 420, 432, 464, 465,

466, 468 and 474 read with Section 34 of IPC.

The said complaint came to be referred to the

Police for investigation. After investigation, the

4

Police filed ‘B’ report. The learned Magistrate,

not being satisfied with the investigation, by

order dated 21.09.2013 has directed the police

for reinvestigation and to file a report. The

Police again filed ‘B’ report on 08.09.2015.

After hearing the complainant and considering

the documentary evidence on record and the

sworn statements of the complainant and other

witnesses,

the

learned

Magistrate

has

dismissed

the

complaint

by

order

dated

29.07.2017. Respondent No.2 filed a petition

in

Crl.

Revision

Petition

No.78/2017

challenging the said order dated 29.07.2017.

The petitioner and 3 others were arrayed as

respondent Nos.1 to 4. The Revisional Court

without issuing notice to the petitioner and 3

others, has passed an order dated 03.10.2017

setting

aside

the

order

dated

29.07.2019

5

passed in PC No.819/2012 before the learned

Principal Civil Judge and JMFC, Hubballi, and

the Court restored the complaint and ordered

to register a criminal case and issue summons

against the accused.

4.

The

main

ground

urged

by

the

learned counsel for the petitioner is that, even

though the petitioner and three others were

arrayed as respondents, the learned Sessions

Judge has not issued notice to the respondents

and has passed the impugned o