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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 11^TH DAY OF APRIL 2019

BEFORE

THE HON’BLE MR. JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.201225/2018

BETWEEN:

1.

Al Haaj Dr. Syed Tajuddin Ahmed Quadri

S/o Syed Shah Mohammed Quadri

Age: 59 Years

Occ: Retired Physician Grade – I

R/o H.No.9-7-5

Maddipet, Raichur

2.

Abdul Kareem

S/o Lal Ahmed

Age: 62 Years

Occ: Contractor

R/o I.D.S.M.T. Layout

Raichur

3.

Al Haaj Mohammed Haneef Qureshi

S/o Ghouse Moinuddin

Age: 65 Years

Occ: Business

R/o H.No.4-2-81

Ashok Nagar, Raichur

4.

Meer Abdul Raheem

S/o Meer Fazalulla

Age: 60 Years

2

Occ: Business

R/o I.D.S.M.T. Layout

Raichur

5.

Mohammed Rafiq

S/o Haji Abdul Khadar Musani

Age: 61 Years

Occ: Business

R/o Madina Pharma

Teen Khandil, Raichur

6.

Shaik Mehaboob Choudari

S/o Ghouse Moinuddin Choudari

Age: 58 Years, Occ: Business

R/o H.No.4-2-81

Ashok Nagar, Raichur

7.

Syed Moin Pasha

S/o Syed Shah Ataulla Quadri

Age: 62 Years

Occ: Business

R/o H.No.12-12-83/69

Arabwadi, Raichur

8.

Syed Javeed-ul-Haq

S/o Syed Abdul-Haq Sahib

Age: 56 Years

Occ: Advocate

R/o Haji Colony, Raichur

-

Petitioners

(By Sri Manvendra Reddy and

Sri Narendra M. Reddy, Advocates;

Since petitioner No.3 is dead,

the petition as against petitioner No.3

is abated v/o dated 11.04.2019)

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AND:

1.

The State of Karnataka Through

Sadar Bazar Police Station, Raichur

Dist. Raichur

Represented by Addl. State Public

Prosecutor, High Court of Karnataka

Kalaburagi Bench

2.

Mohammed Omer Farooq

S/o Khaja Moinuddin

Age: 52 Years

Occ: Hotel Business

R/o Nizamuddin Colony

Raichur

-

Respondents

(Sri Mallikarjun Sahukar, HCGP for R1;

R2 served and absent)

This Criminal Petition is filed under Section 482 of

Code of Criminal Procedure, praying to exercise the

inherent powers under Section 482 of Cr.P.C., examine

the records and quash the FIR in PCR No.153/2018 in

Cr.No.104/2018, pending before I Addl. Civil Judge and

JMFC Court, Raichur.

This petition coming on for Admission this day,

the Court made the following:

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ORDER

Even though this petition is listed for admission,

with the consent of the learned counsel for the

petitioners and the learned High Court Government

Pleader for respondent No.1 – State, the matter is taken

up for final disposal.

2.

Though the notice is served on respondent

No.2/complainant, he did not participate in the

proceedings by engaging the counsel or in person.

Therefore, it is taken as notice on respondent No.2 is

served and absent.

3.

This

petition

is

filed

by

the

petitioners/accused under Section 482 of Cr.P.C.

seeking for quashment of the entire proceedings

initiated

in

Crime

No.104/2018

arising

out

of

PCR No.153/2018 registered for the offences punishable

under Sections 406, 417, 419, 420, 427 R/w 149 of IPC.

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4. Factual matrix of the petition are as under:

It is evident from the complaint that in the year

2007 one Sri B.Z.Zamir Khan visited Raichur for

canvassing for the MLA election. At that time, the

Muslim

community

people

had

felicitated

said

Sri B.Z.Zamir Khan who was wakf minister during the

said

period.

On

the

occasion

of

felicitation,

Sri B.Z.Zamir Khan promised the Muslim community to

build new Edgah in Raichur city and has given

Rs.15,00,000/- to petitioner No.1 for purchasing 10

acres of land for performance of prayer by the Muslim

community. It is further alleged that all the petitioners

colluded with each other and from 2007 to 2013 with an

ulterior motive not purchased the land. However, in the

year 2013 the petitioners through a Trust purchased

the land bearing Sy.No.214 totally measuring 20 acres

37 guntas to an extent of 10 acres towards western side

for a sum of Rs.1,15,00,000/-. It is further alleged that,

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out of which they have paid Rs.5,00,000/- to the owner

of the land through cheque of Vijaya Bank and again on

17.07.2013 paid a sum of Rs.15,00,000/- through

cheque to the land owner by executing false agreement

of sale and the said document already expired on

16.07.20