IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON' BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.2142/2018 A/W CRIMINAL PETITION Nos.2143/2018, 2144/2018, 2145/2018, 2147/2018, 2148/2018, 2149/2018, 2150/2018, 2151/2018, 2152/2018, 2153/2018, 2154/2018, 2259/2018, 2405/2018, 2406/2018, 2407/2018, 2408/2018, 2409/2018, 2410/2018, 2411/2018 2414/2018, 2416/2018, 2423/2018, 2668/2018, 2671/2018, 2672, 2018, 2673/2018, 2674/2018, 2675/2018, 2676/2018, 2677/2018, 2875/2018, 2876/2018, 2878/2018, 3152/2018, 3153/2018, 3154/2018, 3981/2018, 4426/2018, 4427/2018, 4438/2018 In Crl.P.No.2142/2018 BETWEEN:
State of Karnataka by Suratkal Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.Rachaiah, HCGP) AND:
Srikanth Ilegar, Aged about 45 years, S/o Maruthi Illegar, Near Bharath Welding Factory, …Petitioner Shiggaon, Haveri District-581205.
(Notice to respondent is dispensed with vide order date 28.03.2019) …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 08.12.2017, passed by the Principal District and Sessions Judge, D.K., in Spl.Case.No.232/2016, wherein the Special Court was pleased to transmit the records of the case to the I Additional CJM Court.
In Crl.P.No.2143/2018 BETWEEN:
State of Karnataka by Suratkal Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.Rachaiah, HCGP) AND:
Babu @ Saheba, Aged 38 years, S/o Mohammed Saheb, R/at.Santheguli, Near Jumma Masjid, Kumta-581 343.
(Notice to respondent is dispensed with vide order date 28.03.2019) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 15.12.2017, passed by the Principal District and Sessions Judge, D.K., in Spl.Case.No.200/2016, wherein the Special Court was pleased to transmit the records of the case to the I Additional Civil Judge and CJM Court, Mangalore.
In Crl.P.No.2144/2018 BETWEEN:
State of karnataka by Surathkal Police Station Mangaluru Represented by State public Prosecutor, High Court Building, Bengaluru-1 (By Sri.S.Rachaiah, HCGP) AND:
1. Srinivasan @ Naveen S/o late Lakshminarayan, No.9/1, New no.60 28th Cross Road, Besent Nagar Chennai 600090 2. K C Shivashankar Reddy R/At Channadasarapalli Pendalimari Mandala Kadapa District Andhra Pradesh State 516003 3. K Rajamohama Reddy R/At Chabali , Kadapa District Andhra Pradesh State 516003 4. Mohammed Harshad S/O Sheik Ibrahami R/o makandar galli, Bandivad Bagh Hubbali 580020 …petitioner 5. Ganapathi S/O Late Vittalarao R/O House No.17-2 Bendigeri Galli Kustagi, Kalaghatagi Taluk 584121 6. Saver K Fernandes S/O K Gifan R/o vajrathi yallappura taluk Uttara kannada district 581359 7. Syed Althaf S/O Moinuddhin Navloor R/o Nava Ayodhya Nagar, 2nd Cross, Old Hubli 580020 8 .Manjunatha S/o Virupakshappa R/o Hosalapura Bidnal Dharwad District 580007 9. Mohammed Kutti Owner, Vijay Roadways 104, 1st Main Road, KPN extension Bengaluru 560018 10. Khaji Sab S/O Rustum Sab Kati R/O Bidnal Taluk, Hubbali 580020 11. Muktam Sab S/O Raje Sab Mishra Koti R/O Mishrakoti Mahaldar Galli, Hubballi 580020 12. Doreswamy S/O Late Alagappa Konar R/O No.1, Sss Building 1st Main Road, Chamarajpet Bengaluru 560018 13. C Sriramulu Reddy S/O C Chinnabali Reddy R/O NO.1, 1/22, Ramaraju Pillai Village, Kadapa District (A.P) 516003 14. Shanthappa Chandrappa Basti R/O NO.226/D, Arogeri Batti Gadag 582101 15. Chandragudda Venkataramana Gudda S/O Adappa Goudar R/O Near Maruthi Temple Sulkoti, Gadag 582101 16. Gulab Mehaboob R/O Bepari Heerapete Old Hubballi 580020 17. E Harikrishna S/O E Kumbaram R/O Na 99, T S P Colony T B Dam, Hospete Taluk 583201 18. Ganeshan S/O Kaliyanna Goundar NO.83-1 main road K P N extension Bengaluru 560002 19. M R C Palaniswamy S/O M R Chinnappa Goundar 134 Main Road New Taragu Pete Bengaluru 283284 20. R Mani S/O Ramaswamy NO.22, 1ST Cross, Chamarajpet, Bengaluru 560018 21. Mohammed Rafi A Sheik S/O Ahmed Sheik Hallikoppa Mundgodu Uttara Kannada District 581349 22. M/S Meghraj Transport Owner, M/S meghraj transport Main road, Gajendragada Rona taluk 582209 23. Alimuddhin Mulla S/O Anodhin Mulla R/O Ambedkar Oni, Mundagodu Taluk, Uttara Kannada District 581349 24. Abdul Khadir Pillu S/O Mohammed Gouse Pillu R/O Y B Road Mundagodu Uttara Kannada District 581349 25. Ashok Madhukar Patel S/O Madhukar R/O Sangameshwara Kalagatagi Taluk , Kalagatagi Dharwad District 581204 26. Nisar Ahmed S/O Abdul Rasool Pardewal R/O Yellapura Oni, M D Colony Hubballi 580020 27. S Venkateshan S/O Sengoda Goundar R/O Ujakorai, Nagichettipatti Post, Sankari taluk, Salem district (T.N) 636001 28. Santhosh S/O Yeshwantrao Boshle R/O KHB Colony, Bijapur 586101 29. Subhash Ramachandra Hosamani S/O Ramachandrappa Hosamani Owner, 95, Padmambha Transoport Garden Pete, P B Road, Hubballi House NO.95, Vijayanagara Hubballi 580020 30. Yeshwantrao S/O Grayanuba Bhosle Owner, Karnataka Sawmill A/P Bagalkot 587103 31. N Dada Abdulla S/O Babaiah R/O NO.15, Ward NO.31, Chikkaballapura 562101 32. Devareddy Kariyappanavar S/O Ningappa R/O Binkada Katte, Gadag 582101 33. P Nagaraju S/O P Pullappa R/O Kavooru Nagar, Near Sai Baba Temple Ananthapur District (A.P) 515001 34. Suresh S/O Puttaswamy Gowda R/O 1ST Cross, P B Road New Gabburu, Hubballi 580020 35. Rajesh S/O Rajashekar Indi M/S N G Indi Indi Petrol Bunk Karwar Road, Hubballi 580020 36. Kiran Singh S/O Kalyan Singh Rajpoot, R/O Behind Flat No.23-25 Akshaya Enclave, Guloor Housing Society Kushugal Road, Opposite To Woodland Hotel Keshavapura, Hubballi 580020 37. Mr Prakash S/O Ayyanar R/O 30/2/3, Muniyappan Temple Street Salem (T.N) 636001 38. Fatesh S/O Mahaboob Sab Atter R/O Bardiwan Choul Diddi Oni Near Indi Pump Old Hubballi , Hubballi 580020 39. Ameeruddin Abdul Raheman Mangalagatti, S/O Abdula Raheman (1) R/O House No.13, New Lingapura Koppal Taluk & District (2) NO.18/4, Dayananda Colony Bengeri Main Road, Hubballi 580020 40. Nagaraj S/O Shettappa R/O Yerigoppa Village, Dharwad Taluk & District 580001 41. Yellappa Lakkappa Konnenooru S/O Lakkappa Konnenooru R/O Kiravathi Post Hosalli Vilalge, Yellapura Taluk Karwar District 581359 42. Arun Veerappa Naik S/O Veerappa Naik R/O Keravatti Addina Sherav Yellapura Taluk, Karwar District 581359 43. Allabakash H Nungekar S/O Hasham Sab R/O Patan Sab Chal Vishalnagar Gudal Road, Old Hubballi 580020 44. Kallappa S/O Mahadevappa Kammar R/O Jilavantar Post & Village Kalagatagi Taluk, Dharwad District 581204 45. Basavaraju S/O Devappa Poojary R/O House No.65, Maruthi Nagar, Gokula Road, Hubballi Dharwad District 580020 46. Rajan M V S/O Raghava Mannatiyar R/O Vadakka Adiyarath House, Kalluru Post, Palakad Taluk Kerala District 678001 47. Erayya Gudadirayya S/O Gudadirayya R/O Chinchalli Gajanoor Post, Shirahatti Taluk, Gadag District 582101 48. Prakash S/O Puttaswamy Gowda, R/O Near Kegodu New Gabbar By Pass Water Tank P.B Road, Hubballi 580020 49. Manjunatha S/O Sharanappa R/O janata post Kambli soodi village, Rona Taluk, Gadag District 582101 50. Somappa S/O Hudchappa Talwar R/O Valmiki Circle Shirahalli Post & Taluk, Gadag District 582101 51. Abdul Razak S/O Kadeejisab Byrekidar R/O Near Basavana Devara Temple Hosur Oni, Nagagunda Taluk Gadag District 582207 52. Babu S/O Papachan R/O Terangod House, Keralashiyari Post, Palkad Taluk, (Kerala) 678001 53. Manikantan S/O Subramaniyan R/O Veddikkadiyarath House Kalluru Post, Palakad Taluk & District, Kerala 678001 54. Prakash Bheemappa Aloor S/O Bheemappa R/O Malagi Village & Post, Songal Oni, Mundagud Taluk, Karwar District 581349 55. Khaja Sab Kate S/O Rushthusab Sab Kate R/O Janata Flat, Hulagur Shiggov Taluk, Haveri District 581205 56. Ningappa S/O Mahadevappa Madivalar R/O Madivalar House Kamadenu Village Dharwad District 580001 57. Suresh S/O Nagappa Apuli R/O Konnuru Halli Mane Muddebihal Taluk, Bijapura District 586212 58. Shankara M S/O Murugan A R/O Ambedkar Nagara Mangalapura Post Rashipuram Taluk, Namakal District (T.N) 637001 59. Eranna S/O Mylarappa R/O Kulageri Cross House, Badami Taluk, Bagalkot District 587201 60. Hanumanthappa S/O Chennappa Sandigowda R/O Ramenahalli House Mundaragi Road, Petalooru Post, Rona Taluk Gadag District 582209 61. Somalinga S/O Mahadevappa R/O Gurumata House Basaveshwara Nagara Kalagatagi, Dharwad District 581204 62. Mallesh Sagannavar S/O Shankarappa Sagannanavar R/O Near Kattnoor Giriyal Panduranga Temple Eshwara Nagara road Old Hubballi 580020 63. Venkatesha S/O Kanakappa Budiyal R/O Near Maruthi Nagar Bus Stop Gokula Road, Hubballi 580020 64. Alex Goutam S/O M Thangaraj R/O Ambedkar Nagar Mangalapuram post, Rashisara Taluk, Namakal Dist Tamil Nadu 637001 65. Murugan S/O Gopal R/O Mondagudu House, Koppanooru Village, Sangagiri Taluk, Selam District (TN) 636001 66. Mani S/O Muthuswamy R/O Pattapalayam Sangageri Taluk, Salem District (TN )636001 67. A Senthil Kumar S/O Arjunan R/O Sengutti Ichambadi Post Aroor Taluk, Dharmapuri District (TN) 636701 68. Mahendra S/O Pattiyappan R/O Tamori Nagar Kilmorpura Post Aroor Taluk 636701 69. C Selva Kumar S/O Chinnaswamy R/O Sengutta Ichandadi Post, Aroor Taluk, Dharmapuri District (TN) 636001 70. Uttaraswamy S/O Late Nateshan R/O Vedankadu, Vallerivalli Post Serikeri Taluk, Salem District 636001 71. Nagaraj S/O Gangappa R/O Azad Nagar, Anantappur District Andra Pradesh 515001 72. Muttappa Govindappa S/O Govindappa R/O Ramenahalli Petala Post, Rona Taluk, Gadag District 582101 73. Basavaraj S/O Hanumanta R/O Ajith Nagara Opposite To Ksrtc Bus Depot Hospet 583201 74. Venkatesha S/O Srirangan R/O Koneri Patti House And Post, Yedappadi Taluk, Salem District (T.N) 636001 75. Parameshi S/O Maruthiyappa R/O Kelalagina Katti Kalagatagi Taluk, Karwar Road Dharwad District 581204 76. Dadasab Kalegar S/O Pakrusab Kalegar Navalgunda Taluk, Dharwad District 582208 77. Mahalingam S/O Perumal R/O Malaikarappa Swamy Temple House, Michal Paleyam Post, Ambiyoor Village Erode District (TN) 638001 78. Mahantesha S/O Ramanna Bhadrananna Navar R/O Thirdigere Oni, Mulagund Village Gadag Taluk & District 582101 79. Krishna Appu Siddi S/O Appu Siddi R/O Kalamanagara Village Court Road, Yellapura Taluk Karwar District 581359 80. Chennappa Nagappa Padappad S/O Nagappa R/O Near Yemanoor Changadeva Temple Navalgund Taluk Dharwad District 582208 81. Mallesh S/O Jambaiah R/O Yemanoor Village, Navalgund Taluk, Dharwad District 582208 82. Khadar Basha S/O Hyder Sab R/O Veloor Road, Sharanapuram 15-97, Chithoor District (A.P) 577001 83. Mallikarjuna S/O E Hanumantha R/O 1/34, Tenegal Colony Kundur Post & Taluk Anantapur District (A.P) 515001 …Respondents (Respondent Served and Unrepresented) This criminal petition is filed under Section 482 of Code Of Criminal Procedure praying to set aside the order dated 02.01.2018 passed by the Principal District And Sessions Judge, D.K., Mangalore in Spl.C.no.124/2017 wherein the Special Court was pleased to transmit the records of the case to I Additional C.J.M. Court, Mangalore.
In Crl.P.No.2145/2018 BETWEEN:
State of Karnataka by Punjalkatte Police Station, Belthangady Circle, Dakshina Kannada, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
…Petitioner 1. Suder Padival, Aged 47 years, Belthangady Taluk, Dakshina Kannada District-574 214.
2. Krishnappa, Aged 42 years, Kalkani, Belthangady, Kasaba Village, Belthangady Taluk, Dakshina Kannada-574 214 3. Sadeeq, S/o Mohammad, Aged 31 years, Moddadka House &, Kuvettu Village, Belthangady Taluk, Dakshina Kannada-574 214.
…Respondents (Respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 16.12.2017 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.116/2017 wherein the Special Court was pleased to transmit the records of the case to the Additional Civil Judge and JMFC, Belthangady.
In Crl.P.No.2147/2018 BETWEEN:
State of Karnataka by Bajpe, Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Gangadhara Kottary, S/o Venkappa Kottary, Major, R/o.Mahadevi Compound, Janatha Colony, Graveyard Road, Surathkal, Mangaluru-575 014.
2. Kishan.B.Shetty, Aged 31 years, S/o Babu N Shetty, …Petitioner R/o Maravooru Beedu House, Kenjaru Village, Mangaluru Taluk, Mangaluru-575 001.
(Respondent served and unrepresented) …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 08.12.2017 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.240/2016 wherein the Special Court was pleased to transmit the records of the case to the JMFC II Court, Mangalore.
In Crl.P.No.2148/2018 BETWEEN:
State of Karnataka by Mulki Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Halappa, Aged 37 years, S/o Hanumanthappa, R/o Hugunikere, Nandagate Village, Mundagodu Taluk, Karwar District-581 349.
2. Ashoka, Aged 23 years, S/o Annu, R/o Muramkala House, Nelyadi Village & Post, …Petitioner Puttur Taluk, Dakshina Kannada District-574 201.
…Respondents (Respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 11.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.186/2016 wherein the Special Court was pleased to transmit the records of the case to the JMFC, Moodbidre.
In Crl.P.No.2149/2018 BETWEEN:
State of Karnataka by Uppinangady Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Harisha, Aged 32 years, S/o Channappa Naik, Anedka House, Shanthigodu, Puttur Taluk-574 201.
2. Prabhakara Alva, Aged 53 years, S/o Narayana Alva, Koppadabettu House, Barya Village & Post, Belthangady Taluk-574 214.
…Petitioner …Respondents (Notice to respondents dispensed with V/o dated 28.03.2019) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 16.12.2017 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.32/2017 wherein the Special Court was pleased to transmit the records of the case to the Senior Civil Judge and JMFC, Belthangady.
In Crl.P.No.2150/2018 BETWEEN:
State of Karnataka by Konaje Police Station, Mangaluru South Sub Division, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
…Petitioner 1. Ashraf, Aged 42 years, S/o.Mahammed, Aithakumeri, Salethuru, Kolnadu Village, Bantwala, Dakshina Kannada District-574 211.
2. Ashoka, Aged 29 years, S/o Krishnappa, Chipparu, Paivalike, Manjeshwara, Kasaragod, Kerala-671 351.
…Respondents (Notice to respondents dispensed with V/o dated 28.03.2019) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 16.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.73/2017 wherein the Special Court was pleased to transmit the records of the case to the Senior Civil Judge and JMFC, Bantwal Court.
In Crl.P.No.2151/2018 BETWEEN:
State of Karnataka by Surathkal Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Philip Mendonza, S/o John Mendonza, Aged 50 years, Santhuru Kopla Udupi District-576 101.
2. Satish Shetty, S/o Vittal Shetty, Aged 40 years, 5th Cross Road, Bejai, Mangaluru-575 001.
(Notice to respondents dispensed with V/o dated 28.03.2019) …Petitioner …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 15.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.241/2016 wherein the Special Court was pleased to transmit the records of the case to the I Additional Senior Civil Judge and CJM, Mangalore.
In Crl.P.No.2152/2018 BETWEEN:
State of Karnataka by Bajpe Police Station Represented by State Public Prosecutor, High Court Builidng, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Abdul Raheem, Aged about 37 years, S/o Abdul Razak, R/o Mahaveera Nagara, Mantradi Post and Village-575001.
2. Satish, Aged 40 years, S/o Kutti, R/o Margadangadi, Muthoor Village, Kuppepadvu Post, Mangalore Taluk-575 001.
(By Sri.Jeevan K., Advocate) …Petitioner …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 16.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.243/2016 wherein the Special Court was pleased to transmit the records of the case to the JMFC II Court, Mangalore.
In Crl.P.No.2153/2018 BETWEEN:
State of Karnataka by Puttur Rural Police Station Represented by State Public Prosecutor, High Court Builidng, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Krishnappa, Aged about 42 years, S/o Shivappa, Near Mahalingeshwara Temple, Puttur Kasaba, Puttur-574 201.
2. Smt.Chitra, W/o Jagadeesh Badanaje, Badanaje House, Vitla Kasaba, Vitla Village, Bantwal Taluk, Dakshina Kannada-574 211. (Respondents served-unrepresented) …Petitioner …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 15.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangaluru in Spl.C.No.54/2017 wherein the Special Court was pleased to transmit the records of the case to the Additional Civil Judge and JMFC, Puttur.
In Crl.P.No.2154/2018 BETWEEN:
State of Karnataka by Bajpe Police Station Represented by State Public Prosecutor, High Court Builidng, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Mohammed Sharif, Aged about 38 years, S/o G.K.Mohammed, R/at, Thenka, Yadapadhav Village, Gurupura Post, Mangalore-575 001.
(Notice to respondent dispensed with v/o dated 28.03.2019)) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 08.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.162/2017 wherein the Special Court was pleased to transmit the records of the case to the JMFC-II Court, Mangalore.
In Crl.P.No.2259/2018 BETWEEN:
State of Karnataka by Panambur Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Sri.Yathish @ Yathish Shetty, Age 30 years, S/o Raghunath Shetty, R/o Manjunat Nilaya Kolasalotu House, Kencharu Anche & Village Bajpe Mangaluru-574 142.
2. Sri.Ravi @ Ravi R Shetty, Age 30 years, Son of Rajendra Shetty, R/o Door No.2-157, Durga Nilaya, Guddottu House, Kembar, Mangaluru-574 142.
3. Sri.Ismail @ Mohammed Ismail, Age 40 years, Son of M.Khalid, R/o Door No.25-26-2004/2, Near 2nd Bridge, Jeppu, Mangaluru Taluk-574 142.
4. Sri.Mohammed Kasim, Age 33 years, Son of Mohameed Rahim, R/o Door No.Ward No.15, Near Bhagavathi Temple, Damgtti Village and Post, Sour Bazaar Police Station, Sahasra District Bihar State, Hali Resident: Rented House of Chandrashekar, Urundhadi, Panjimogur Post, Kavoor Village, Mangaluru.
…Petitioner 5. Byju P M, Age 30 years, Son of Krishnan, R/o Mele Kollarambattu House, Cholur Post, Pulakodu Village, Calicut Taluk and District, Kerala State-673 001.
6. Binu V., Age 32 years, Son of D.Gopala Krishnan, R/o Valiyeru House, Ward No.1, Madavur Village, Yeravanur Post, Near Angathaya Maszid, Narikanni, Kojikyud, Kerala State-673 001.
(Notice to respondents dispensed with v/o Dated 28.03.2019) …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 11.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.242/2016 wherein the Special Court was pleased to transmit the records of the case to the JMFC-II Court, Mangaluru.
Crl.P.No.2405/2018 BETWEEN:
State of Karnataka by Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) …Petitioner AND:
1. V.H.Basheer, S/o Hussainabba, Age 49 years, Owner of the Lorry KA-19-C-9596, Vas lane Halmatta, Mangalore-574 2014.
2. Nawaz, Driver of the Lorry, KA-19-C-9596, Age 36 years, R/o Kundala House, Vas Lane Halmatta-574 214.
3. Mohammed Rafeeq, Owner and Driver of the Lorry, KA-19-AA-2614, S/o G.P.Abubaker, Age 40 years, Mannagudde House, Addoor Post, Mangalore Taluk-574 214.
…Respondents (Respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 02.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.4/2017 wherein the Special Court was pleased to transmit the records of the case to the Additional Civil Judge and JMFC, Bantwal.
Crl.P.No.2406/2018 BETWEEN:
State of Karnataka by Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Ibrahim K., Age 47 years, S/o Moosa Byari, R/o Vakkathuru House, Village Post, Bantwal, Mangalore Dakshina Kannada-574 211.
2. Mohammed. K., S/o Hasainar, Age 30 years, R/at Kote Gudde, Village, Bantwal Taluk, Dakshina Kannada, Mangalore-574 211.
3. Abdul Latheef.G.P., S/o G.P.Abubaker, Age 40 years, R/at Mannauguda House Addor, Village, Mangalore, Dakshina Kannada-575 001.
4. Ashwini S Shetty, Husband:Sampath Shetty, Age 27 years, R/at Padav Village House, …Petitioner Dakshina Kannada-575 001.
5. Praveen, Father: Veerappa Gowda, Age 29 years, R/at Elenthila Village, Beltangady Taluk, Mangalore, Dakshina Kannada-574 214. (Respondent served and unrepresented) …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 02.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.18/2017 wherein the Special Court was pleased to transmit the records of the case to the Additional Civil Judge and JMFC, Bantwal.
Crl.P.No.2407/2018 BETWEEN:
State of Karnataka by Belthangady Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Ashraf, S/o Hameed, R/at No.1-70, Mustaf Manjil, Benjanapadavu Post, Ammunje, …Petitioner Bantwal-574 211.
(Respondent served and unrepresented) …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 13.12.2017 passed by the Principal District and Sessions Judge, D.K, Mangaluru in Spl.Case.No.231/2016 wherein the Special Court was pleased to transmit the records of the case to the Additional Civil Judge and JMFC, Belthangady.
Crl.P.No.2408/2018 BETWEEN:
State of Karnataka by Bajpe Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Kiran Monthero, Age 46 years, S/o Poul Montharo, R/at Door No.2/220, Kundhodi Mane, Thenka Yedapadavu Village, Mangaluru Taluk-575 001.
(By Sri.Jeevan.K., Advocate) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 05.01.2018 passed by the Principal District and Sessions Judge, D.K, Mangaluru in Spl.C.No.3/2017 wherein the Special Court was pleased to transmit the records of the case to JMFC Court-II, Mangaluru.
Crl.P.No.2409/2018 BETWEEN:
State of Karnataka by Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Noushad, Age 29 years, S/o Isaac, Occ: Driver, R/at Muttur Site mane, Muttur Village, Bantwal Taluk-574 211.
2. Aboobakkar-Siddique, Age 29 years, Son Abdul Khader, Occ:Coolie, R/at No.3-197-2, Nalaichil, Kolavoor Village, Mangaluru Taluk-575 001.
…Petitioner …Respondents (Notice to respondent served-unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 29.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.177/2017 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge, JMFC, Bantwal.
Crl.P.No.2410/2018 BETWEEN:
State of Karnataka by Ullal Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Mahammad Age 25 years, S/o Abdul Rehaman, Occ: Driver, R/o Nekkare mane, Kalanja Village, Belthangady Taluk-574 214.
…Petitioner …Respondent (Notice to respondent dispensed with V/o Dated 28.03.2019) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 10.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.36/2017 wherein the Special Court was pleased to transmit the records of the case to II-JMFC, Mangalore.
Crl.P.No.2411/2018 BETWEEN:
State of Karnataka by Kadaba Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) …Petitioner AND:
1. Arun M, Age 37 years, S/o Puttanna Gowda, Occ:Agriculture & Business, R/o Nayarkallu Mane, Amaramudnur Village, Sulya Taluk-571 237.
2. Subramanya, Age 35 years, S/o Chennappa Gowda, Occ: Driver R/o Yenkallu Mane, Nayarkallu Mane and Post, Yenkallu Village, Sulya Taluk-571 237. (By Sri.Arun Shyam, Advocate) …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 19.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.5/2017 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC Court, Puttur.
Crl.P.No.2414/2018 BETWEEN:
State of Karnataka by Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) …Petitioner AND:
1. Mohammad Anwar, Age 27 years, S/o Shaube, R/o D.No.1-184, Fathima Manz House, Thumbe Village, Bantwal Taluk, D.K.-574 211.
2. Abdul Sattar, Age 33 years, S/o Mohammed, R/o Kawalpadoor, Buntwala Taluk, Mangalore, D.K-574 211.
3. Mohammed Bukari.K., Age 37 years, S/o Abdul Khadar, R/o Kumpalamajalu House, Parangipet Post, Bantwala, Mangalore, Dakshina Kannada-574 211.
4. Umarabba, Age 43 years, S/o Khadhar.K., R/o Kavalkatte Bantwal Taluk, Mangalore, Dakshina Kannada-574 211.
5. Mohammed Haneef, Age 38 years, S/o Abbas, R/o Monaka Dream House Madoor, Kotekar, Mangalore, Dakshina Kannada.
6. Satish Poojari, Age 36 years, S/o Seena Poojari, R/o Rengodi Thubay Village And Post, Bantwal Taluk, Dakshina Kannada-574 211.
…Respondents (Notice to respondents-served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 20.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.10/2017 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge And JMFC Court, Bantwal.
Crl.P.No.2416/2018 BETWEEN:
State of Karnataka by Mangaluru Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Sri.Surendra Kambli, Age 48 years, S/o Late Bhoja Kambli, Occ:Business, Adyare Village and Post, Mangaluru Taluk (D.K)-575 001 2. Sri.Jayasheela Adyanthaya, Son of Vasu Adyanthaya, Occ: Bus Owner, R/at Daddolike Mane, …Petitioner Adyare, Adyare Village, And Post, Mangaluru-575 001.
3. Sri.Yadayya.V., Age 38 years, Son of Sambaiah, Occ:Lorry Driver, R/at Dindimandala Mane, Bongale, Nalagonda District, Andra Pradesh State.
4. Sri.M.K.Soman, Age 62 years, Son of Krishnan, Occ:Lorry Driver, R/at Muttaniserile House, Thadamane Post, Near Chirupuja, Kasaragodu District, Hosadurga Taluk, Kerala State-671121.
5. Sri.E.Ramulu, Age 32 years, Son of Chinnaiah, Occ: Lorry Driver, R/at Chinnakaparthi Post, Chityala Mandala Panchayat, Nalagonda District, Andra Pradesh-508 001.
…Respondents (Notice to respondents-served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 03.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.203/2016 wherein the Special Court was pleased to transmit the records of the case to III-JMFC, Mangalore.
Crl.P.No.2423/2018 BETWEEN:
State of Karnataka by Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Mohammad Iqbal, Age 29 years, S/o I.Hussain, Occ:Coolie, R/o Innolli Kadavu Mane, Post Pavoor, Mangaluru Taluk-575 001.
2. Aboobakkar Siddique, Age 26 years, S/o Hasanabba, Occ: Coolie, R/o Sujeer Mane, Padu Village, Bantwal Taluk-574 211.
3. Prakash Shetty, Age 46 years, S/o Late Narayana Shetty, Occ:Coolie, R/o Kambrettu Mane, Jappinamogadu Post, Mangaluru Village-575 001.
…Petitioner …Respondents (Respondents are served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 18.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.239/2016 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC Court, Bantwal.
Crl.P.No.2668/2018 BETWEEN:
State of Karnataka by Konaje Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. V.Sameer, Age 37 years, S/o Late Hasanabba, Occ:Lorry Driver, R/o Valachil Mane, Adyar Village, Mangaluru Taluk-575 001.
2. Ismail, Age 29 years, S/o Hasan, Occ:Lorry Clearner, R/o Pilikur Bhandasale Mane, K.C.Road, Thalapadi Village, Mangaluru Taluk-575 001.
(Notice to respondent dispensed with V/o dated 28.03.2019) …Petitioner …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 21.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.03/2018 wherein the Special Court was pleased to transmit the records of the case to Senior Civil Judge and JMFC, Bantwal.
Crl.P.No.2671/2018 BETWEEN:
State of Karnataka By Punjalkatte Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Sirajuddin, S/o. S.S. Hasanabba, Ajad Nagara, Arala Village, Bantwala Taluk, Dakshina Kannada -574211.
…Petitioner …Respondent (Notice to respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 24.01.2018 passed by the Principal District and Sessions Judge, D.K, Mangaluru in Spl.C.No.1/2018 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC, Belthangady, D.K.
In Crl.P.No.2672/2018 BETWEEN:
State of Karnataka By Sullia Police Station Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Ismail, Age 35 years S/o. Late Ibrahim, R/o. Manjadabetta Mane, Savanalu Village, Belthangady Taluk -574214.
…Petitioner 2. K. Mahammad Rafiq, 43 years S/o. late K. Hussainabba, R/o. House No.2-100, Valabylu Mane, Adyaru Post and Village, Mangaluru Taluk -575001. …Respondents (Notice to respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 12.01.2018 passed by the Principal District and Sessions Judge, D.K, Mangaluru in Spl.C.No.4/2018 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC, Sullia.
Crl.P.No.2673/2018 BETWEEN:
State of Karnataka by Surathkal Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) …Petitioner AND:
1. Sri Shankar Gowda, Age 29 years, S/o Rudrappa, Occ:Lorry Owner, R/o Hobalapura Village, Chitradurga Taluk and District-577 501.
2. Sri.Nagaraja, Age 24 years, S/o Chandrappa, Occ:Lorry Driver, R/o Chikkajajur, Holalkere Taluk Chitradurga Taluk and District-577 501.
3. Sri.Lohith Kumar, Age 26 years, S/o Rangappa, Occ: Lorry Driver, R/o Near Eshwar Temple, Konanur Village, Dodlaghatta Post, Chitradurga Taluk-577 501.
4. Sri.M.Devendraiah, Age 45 years, S/o Maheshwaraiah, Occ: Lorry Owner, R/o House No.1, H.Basavapura, Davanagere Taluk-577 001.
(Sri.P.P.Hegde, Advocate for R3 …Respondents Notice to R1 and R2-served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 04.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.11/2017 wherein the Special Court was pleased to transmit the records of the case to I Additional C.J.M, Mangalore.
Crl.P.No.2674/2018 BETWEEN:
State of Karnataka By Belthangady Police Station, Represtend by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. G. Prasad, Age 40 years, S/o. Gangadhar Panikar, R/o. Chitrakuta Mane, Kadirudyavara Village, Belthangady Taluk 574 211.
…Petitioner 2. Lakshmana, Age 28 years, S/o. Lokaiah Kumbara, R/o. Door No.1-282, Kukkavu Koppa Mane, Mittabagilu Village, Killur Post, Belthangary Taluk -574211. …Respondents (Notice to respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 10.01.2018 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.2/2018 wherein the Special Court was pleased to transmit the records of the case to Principal Civil Judge and JMFC, Belthangady, D.K. District.
Crl.P.No.2675/2018 BETWEEN:
State of Karnataka Bajpe Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Sri. A.K. Haneef, Age 47 years, S/o. A.K. Shekhabba, R/o House near Addur School, Addur Village and post, Mangaluru Taluk – 575001.
…Petitioner …Respondent (Notice to respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 03.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.220/2018 wherein the Special Court was pleased to transmit the records of the case to II- JMFC, Mangaluru.
Crl.P.No.2676/2018 BETWEEN:
State of Karnataka By Bantwal Rural Police Station Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Sri. Mahammad Iqbal, Age 29 years, S/o. I. Hussain, Occ: Coolie, R/o Inoli Kadavu Mane, Post Pavoor, Mangalore Taluk -575001.
2. Sri. Aboobakkar Siddique, Age 26 years, S/o. Hasanebba, Occ: Coolie, R/o. Sujeer Mane, Pudu Village, Bantwal Taluk -574211.
3. Sri. Prakash Shetty, Age 46 years, S/o. Late Narayana Shetty, Occ: Coolie, R/o. Kambrettu Mane, Jappinamogaru Post and Village, Mangaluru -575001.
…Petitioner …Respondents (Notice to respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 18.01.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.239/2016 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC, Bantwal.
Crl.P.No.2677/2018 BETWEEN:
State of Karnataka Belthangady Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Sri.Hemanth Kumar, Age 28 years, S/o Kote Gowda, R/at 1-95/1, Pulipaje House, Puthuvettu Village, Belthangady Taluk, Dakshina Kannada-574 211.
(Notice to respondent is dispensed with v/o dated 28.03.2019)) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 04.01.2018 passed by the Principal District and Sessions Judge, D.K., in Spl.C.No.157/2017 wherein Special Court was pleased to transmit the records of the case to the JMFC Court, Belthangady.
Crl.P.No.2875/2018 BETWEEN:
State of Karnataka Bantwal Town Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Ravishankar S/O Late Damodhar Poojary Occ Contractor, R/O Simlaje Mane Kalinja Mangila Padavu Post, Veerakamba Village Bantwal Taluk 574211.
2. Ganesh Chandra Bhat P Aged 36 years, S/O Venkatramana Bhat R/O Parpaje Makaranda Mane, Peraje Village Bantwal Taluk 3. Ashishkumar Age 25 years, S/O Sathyakumar B K R/O Adinja Mane Alatti Village & Post, Sulya Taluk 4. M Narayana Aged 56 years S/O Povappa Poojary R/o Muttur Mane Idkidu Village & Post Bantwal Taluk 5. Rajesh Rai K Age 29 years, S/O Kuenna Rai R/O Muliya Mane Ajjavara Village And Post, Sulya Taluk …Petitioner 6. Dayananda Poojary Age 31 years, S/o Krisnappa Poojary R/o Kumbila Mane Ananthadi Village Bantwal Taluk.
7. Vishwanatha Poojary Age 29 years, S/O Thimmappa R/O Keedanaru Mane Ananthadi Village Bantwal Taluk 8. Sathisha Age 27 years, S/O Damodar Gowda R/O Kanaka Majalu Mane Kanaka Majalu Village And Post , Bantwal Taluk.
9. Chandrashasa Age 39 years, S/O Narayana Safalya R/O Devasya Mane Idkidu village Bantwal Taluk.
…Respondents (Respondents served and unrepresented) This criminal petition is filed under Section 482 of Code Of Criminal Procedure praying to set aside the order dated 29.01.2018 passed by the Principal District And Sessions Judge, D.K., in Spl.C.No.178/2017 wherein Special Court was pleased to transmit the records of the case to the Additional Civil Judge And JMFC, Bantwal.
Crl.P.No.2876/2018 BETWEEN:
State of Karnataka Mangaluru Rural Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Haneef H.G., Aged 46 years, S/o Esubu, Occ: Driver, R/o Lathif Manzil, Alaadi Kottige, Kuvettu Village, Guruvayanakere Post, Belthangady Taluk, Dakshina Kannada-574 211. (Respondent served and unrepresented) …Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 24.01.2018 passed by the Principal District and Sessions Judge, D.K., in Spl.C.No.156/2017 wherein Special Court was pleased to transmit the records of the case to the JMFC III Court, Mangalore.
Crl.P.No.2878/2018 BETWEEN:
State of Karnataka Mangaluru Rural Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Abdul Rahiman, Aged 53 years, S/o Abdulla, Occ:Driver, R/o Badriya Manjail, Shivanagar, Mudusedde, Mangalore-575 001.
…Petitioner …Respondent (Notice to respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 30.01.2018 passed by the Principal District and Sessions Judge, D.K., Mangalore in Spl.C.No.113/2017 wherein Special Court was pleased to transmit the records of the case to the III-JMFC, Mangalore.
Crl.P.No.3152/2018 BETWEEN:
State of Karnataka Karkala Rural Police Station., Karkala, Udupi District, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) …Petitioner AND:
Sri.Vinayak Kamath, Aged about 37 years, S/o Umanath Kamath Residing at Annappa Nivas Kedinje Post, Karkala Taluk-574 104.
…Respondent (Notice to respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 15.02.2018 passed in FIR No.5/2018 on the file of the II Additional Civil Judge and JMFC, Karkala.
Crl.P.No.3153/2018 BETWEEN:
State of Karnataka Kavoor Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
…Petitioner Mallesha @ Mallappa, Aged 32 years, S/o Ningappa, Occ:Driver, R/o Bappargi Manalu Village, Humsi Taluk, Yadgir District-585 201. …Respondent (Notice to respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 08.12.2017 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.221/2016 wherein the Special Court was pleased to transmit the records of the case to II- JMFC, Mangaluru.
Crl.P.No.3154/2018 BETWEEN:
State of Karnataka Bantwal Rural Police Station., Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Mohammed Sali, B.K, Aged 57 years, S/o Hammabba.B.K, R/o H.A. Residency near Rehamaniya Masjid, Doddanagudda Kunjibettu, District Udupi, Udupi-576 101.
…Petitioner 2. Abdul Shareef, Aged 26 years, S/o Mohammed, R/o Kawalpadoor Buntwala Taluk, Dakshina Kannada-574 211.
3. Basheer V.H., Aged 49 years, S/o Hasanabba, R/o Vas Lane, Balmata, Mangalore, Dakshina Kannada-574 211.
4. Mohammed Shareef, Aged 31 years, S/o Mohammad T., R/o Kawalkatte Buntwala Mooda, Buntwala Taluk, Dakshina Kannada-574 211.
5. Sampath Shetty, Aged 37 years, S/o Sanjeeva D Setty, R/o Jappuguddeguthu House, Jappinamorggaru Post, Kankanady Mangalore, Dakshina Kannada-574 211.
6. Zakir Hussain, Aged 36 years, S/o Mohammed, R/o Kavarkatte Allangala, Hosuse, Bantwala Taluk, Dakshina Kannada-574 211.
. …Respondents (Respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 23.02.2018 passed by the Principal District and Sessions Judge, D.K in Spl.C.No.20/2017 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC Court, Bantwal.
Crl.P.No.3981/2018 BETWEEN:
State of Karnataka By Sub-Inspector of Police, Karkala Town P.S., Karkala, Udupi District, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
Sri.Praveen B.Poojary, Aged about 42 years, S/o Bhoja Poojary, Residing at Majal Hosamane, Nitte Village and Post, Karkala Taluk, Udupi District-574 104.
…Petitioner Rep by GPA holder Somanth Shetty, Aged about 37 years, S/o late Jayarama Shetty, R/o at Kolpalke, Near Raghavendra matt, 15th Tellar Cross Road, Karkala Kasaba Village, Karkala Tq, Udupi District …Respondents (Notice to respondent is dispensed with v/o dated 28.03.2019) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 28.02.2018 passed by the Principal Civil Judge and JMFC, Karkala in FIR No.31/2018 wherein the trial Court was pleased to allow the application filed under Section 451 and 457 of Cr.P.C.
Crl.P.No.4426/2018 BETWEEN:
State of Karnataka Bantwal Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Ahamed Bava K S, Aged about 41 years, S/o Sanhi, R/at Arabanagudde House, Thumbe, Bantwal Taluk, Mangaluru District-574 211.
2. Abdhul Nawaz @ Abdhul Nawal, S/o Ahammad, R/at Kawalpadoor Village, Karinija Post, Bantwal Taluk, Mangaluru District-574 211.
3. Smt.Fathima, Aged about 33 years, H/o: Mohammad Shareef, R/at: Thumbe Post, Bantwal Taluk, Mangaluru Distrit-574 211.
4. Lathif @ Abdhul Lathif, Aged about 37 years, S/o Bhoja Poojary, Residing at Majal Hosamane, Nitte Village and Post, Karkalla Taluk, Udupi district-574 201.
5. Ahamed Hussain.P., Aged about 46 years, Son of Abdul Khadar B.K., R/at: Kumpalamajalu Huse, …Petitioner Parangipet, Bantwal, Mangaluru District-574 211.
6. Mohammad Rafeeq K, Aged about 34 years, S/o Sheik Subjhon Shaheb, R/a:Kawalpadoor, Kawalkatte Post, Bantwal Taluk, Mangaluru District.
(Notice to respondent is dispensed with v/o dated28.03.2019) …Respondents This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 02.02.2018 passed by the Principal District and Sessions Judge, D.K, Mangalore in Spl.C.No.2/2017 wherein the Special Court was pleased to transmit the records of the case to Additional Civil Judge and JMFC Court, Bantwal.
Crl.P.No.4427/2018 BETWEEN:
State of Karnataka PSI, Uppinangady Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
1. Nawaz Hussain, Aged abut 32 years, Son of late Ismail R/o: Ajilamogeru Mane, …Petitioner Maninalkuru Village, Bantwal Taluk-574 211.
2. Ashraf, Aged about 30 years, Son of Ibrahim, R/o: Kudugadde Mane, Barya Village, Belthangady Village, Lorry No.KA.19-D-8924, Nedar Driver: 574 214 3. Abdul Mazid, Aged about 31 years, Son of B.Mohammed, R/o: 1/73, Kannur, Mangaluru Taluk-574 214.
4. Rajesh.A., Aged about 27 years, Son of Ananda Poojary, R/o: Kanapada Mane, Navoor Village, Bantwal Taluk-574 211.
5. Adam, Aged about 40 years, Son of Ahamed, R/o Store Mane, Kalleri Thannirupantha Village, Belthangady Taluk-574 214.
…Respondents (Respondents served and unrepresented) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 16.03.2018 in PCR No.106/2018 passed by the Principal Senior Civil Judge and JMFC, Belthangady wherein the trial Court was pleased to allow the application.
Crl.P.No.4438/2018 BETWEEN:
State of Karnataka Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-1.
(By Sri.S.Rachaiah, HCGP) AND:
…Petitioner Abdul Munaf Khan Hakeem, Aged 35 years, S/o Dilawar Khan, R/o In side Murtuza, Kadari, Darga, Kirtinagar, Bijapur, Presently residing at Flat No.S 4, Khane Silent Medow, Rahul Nagar, Manipal, Udupi Taluk and District-574 101.
…Respondent (Notice to respondent is dispensed with v/o dated28.03.2019) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 22.03.2018 passed by the I Additional Civil Judge and JMFC, Udupi in Cr.No.344/2017 of Brahmavara Police Station, wherein the trial Court was pleased to allow the application filed under Sections 451 and 457 of Cr.P.C.
These Criminal Petitions coming on for Orders this day, the Court made the following:
ORDER In all these petitions Surathkal police have registered a FIR against accused persons for the alleged offences punishable under Sections 4(10)(A) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 21 (1)(2)(3)(4), 23, 24 of MMDR Act and under Sections 468, 471, 379, 420 read with Section 149 of IPC.
2. After completion of investigation, charge- sheets came to be filed in respective cases and jurisdictional magistrate has passed committal orders and accordingly, cases came to committed to the Special court. However, the jurisdictional special Court, namely, Principal District and Sessions Judge having registered the same as special cases, has re- transmitted the records to the jurisdictional Magistrate Courts to examine the records and proceed against the accused persons in so far as the allegations pertaining to the provisions of Indian Penal Code are concerned by reserving liberty to the department of Mines and Geology to proceed against the accused persons upon compliance of mandate Section 22 of Mines and Minerals (Development and Regulations), Act read with Section 202 of Cr.P.C namely, on filing complaint under Section 22 of MMDR Act. Same is under challenge in the present writ petitions by the State, contending inter-alia, at the first instance, Sessions Court erred in holding that it had no jurisdiction to consider the case in view of the bar contained in Section 22 of MMRD Act. It is also contended that learned Sessions Judge erred in not considering that allegations made in the instant case relates to composite offences punishable both under MMDR Act and IPC and as such, learned Sessions Judge would not have held that it has no jurisdiction to entertain the proceedings in view of the bar contained under Section 22 of MMDR Act. It is further contended that bar contained under Section 22 of MMDR Act only applies insofar as said offences under the Act are concerned and when the offences alleged are of penal nature for a composite part of the allegations made under MMDR Act and as such, it ought not to have held that Section 22 would be a bar insofar as proceeding further against accused is concerned.
3. Heard Sri.P.P.Hegde, Sri.Jeevan.K and Sri.
Arun Shyam learned counsel appearing for some of the respondent-accused and they would support the order passed by the learned Sessions Judge.
4. Having heard the learned advocates appearing for both the parties and on perusal of the case papers it emerges there from that respective accused persons have been charge-sheeted for the offences punishable both under Mines and Minerals (Development and Regulation) Act, 1957 as well as under provisions of Indian Penal Code. In so far as allegations regarding violation of provisions of MMDR Act is concerned, there cannot be any dispute to the proposition that if the offences committed under the said Act, a complaint is required to be filed under Section 22 of the MMDR Act by the competent or concerned officer and in the absence of such complaint being lodged, proceedings cannot be conducted in so far as the said offences are concerned based on a police report. This proposition of law receives support of dictum laid down by the Hon’ble Apex Court in the case of NCT of Delhi V/s. Sanjay reported in AIR 2015 SC 75.
5. In the light of the aforesaid settled position of law, when the facts on hand are examined, it would indicate that undisputedly there was no complaint filed by the competent officers as prescribed under Section 22 of MMDR Act. Further, the jurisdictional Magistrate had taken cognizance of the offence based on the police report which relates to both the offences viz., under Section MMDR Act and also under the provisions of IPC. However, the jurisdictional Magistrate after having noticed that the provisions of MMDR Act had been invoked by the prosecution it had committed said proceedings to the special Court on the premise that offences punishable under Section MMDR Act are exclusively triable by the Special Court. However, jurisdictional Sessions Court has noticed that it would have no jurisdiction to entertain these cases arising under provisions of MMDR Act without compliance of Section 22 of the Act and for the offences under the IPC i.e. Sections 468, 379, 420 read with Section 34 IPC are triable by the Jurisdictional Magistrates.
6. In this background, the learned Judge of Special Court has held it has no jurisdiction to try the accused for the alleged offences under MMDR Act or rules made thereunder and as such, has transmitted the records back to the jurisdictional Magistrate and directed the accused to appear before the said Court on receipt of fresh summons. There is no error committed by the learned Sessions Judge in this regard, in as much as, in the absence of a complaint being filed for the offences alleged under Section 22 of MMDR Act by the competent officer or authorized officer as prescribed under Section 22 of the MMDR Act, Sessions Court would not get jurisdiction to take cognizance for said offences and would have no jurisdiction at all in so far as offences punishable under Indian Penal Code provision invoked in the cases as they are exclusively triable by the Magistrate. As such, the matter has been rightly remitted back to the learned Magistrate and in this background, learned Magistrate would be empowered to pass appropriate orders including the continuation of proceedings under the provisions of MMDR Act by considering the law laid down by the Hon’ble Apex Court in the case of NCT of Delhi V/s. Sanjay reported in AIR 2015 SC 75 referred herein supra, including passing the order for discharging the accused for the said offences i.e. for the offences punishable under MMDR Act, in view of there being no complaint filed under Section 22 of the Act and of course, by reserving liberty to the department of Mines and Geology to file appropriate complaints if so advised in that regard before the jurisdictional Court. The learned Magistrate would also be at liberty to pass such other suitable orders as deemed fit in the event of such complaints being filed.
Subject to above observations, these petitions stands disposed of.
Sd/- JUDGE SB