26 Accused Withdraw Karnataka HC Plea To Quash Davanagere Case, Retain Liberty To Raise Defences At Trial

The 26 petitioners sought to quash the criminal proceedings in C.C. No. 5974/2024, arising from Crime No. 12/2024 of Extension Police Station, Davangere, and the Magistrate’s order taking cognizance.

The case involved alleged offences under Sections 341, 143, 149 and 283 of the Indian Penal Code.

After hearing submissions, petitioners’ counsel sought permission to withdraw the petition, with liberty to raise all available contentions and defences before the Trial Court.

The petition invoked Section 482 of the Code of Criminal Procedure, stated also as Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking the High Court’s inherent jurisdiction to quash the proceedings and cognizance order.

The alleged offences were under Sections 341, 143, 149 and 283 of the Indian Penal Code.

The Court did not state or apply any substantive legal test or precedent concerning these provisions; it disposed of the matter on the petitioners’ request to withdraw.

The Court did not assess the merits of the allegations, the legality of the cognizance order, or whether the proceedings met the test for quashing.

Instead, it accepted counsel’s request to withdraw the petition and expressly reserved the petitioners’ liberty to urge their contentions and defences before the Trial Court.

The pending applications were consequently treated as not surviving for consideration.

The Court made no determination on the merits of the quashing grounds.

In view of the dismissal, the pending applications were also dismissed as not surviving for consideration.