High Court of Karnataka Examines Validity of Registration and Summoning Orders in Multiple Cases Under Karnataka Police Act Section 78(3). Petitioner Seeks Quashing of Criminal Proceedings Alleging Procedural Irregularities.

High Court: Karnataka High Court Bench: DHARWAD
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Case Note & Summary

The petitioner approached the High Court under Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside the orders registering criminal cases and summoning him in 43 cases for alleged offences under Section 78(3) of the Karnataka Police Act, 1963. The cases were pending before the II Additional Civil Judge (Jr. Dn.) & JMFC, Bellary, and the petitioner sought to quash all proceedings. The petitions were filed in 2014 and heard together by the Dharwad Bench.

Issue of Consideration

KAHC020058812014_1

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Case Details

2014 LawText (KAR) (07) 8

CRL. P. NO. 100319/2014 (and connected matters)

2014-07-25

K.N. Phaneendra

Shivaraj Hiremath, Vijayakumar Majage

Moin Basha Kurnooli

The State of Karnataka, by Cowl Bazaar Police Station, Bellary

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Nature of Litigation

Criminal petitions under Section 482 of CrPC seeking to quash criminal proceedings.

Remedy Sought

Petitioner sought to set aside orders registering criminal cases and summoning orders, and to quash criminal proceedings in 43 cases pending before the II Additional Civil Judge (Jr. Dn.) & JMFC, Bellary.

Filing Reason

Alleged offence under Section 78(3) of Karnataka Police Act, 1963, but petitioner contended procedural irregularities in registration and summoning.

Previous Decisions

The trial court registered the criminal cases and issued summons; these orders were challenged in the present petitions.

Procedural History

Petitioner filed multiple petitions under Section 482 CrPC in 2014 before the High Court of Karnataka, Dharwad Bench, challenging orders registering cases and summoning him in C.C. No. 365/2010 and other cases (totally 43 matters) pending before the II Additional Civil Judge (Jr. Dn.) & JMFC, Bellary, for offence under Section 78(3) of Karnataka Police Act, 1963. The petitions were heard together.

Acts & Sections

  • Karnataka Police Act, 1963: 78(3)
  • Code of Criminal Procedure, 1973: 482
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High Court High Court of Karnataka Examines Validity of Registration and Summoning Orders in Multiple Cases Under Karnataka Police Act Section 78(3). Petitioner Seeks Quashing of Criminal Proceedings Alleging Procedural Irregularities.
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