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EBRAHIM HAZAEA v. THE STATE OF KARNATAKA

Supreme Court of India | Diary 16528/2024

Status

Order

Decided On

2024-12-18

Bench

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

EBRAHIM HAZAEA

Respondent

THE STATE OF KARNATAKA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 11654/2024]

EBRAHIM HAZAEA Appellant

VERSUS

THE STATE OF KARNATAKA Respondent

O R D E R

1. Leave granted.

2. The High Court of Karnataka at Bengaluru by the impugned judgment and

order dated 3rd August, 20231 has dismissed a criminal revision petition2 filed by

the appellant under section 397 read with section 401 of the Code of Criminal

Procedure, 19733.

3. The appellant hails from Yemen. He was tried by the relevant

metropolitan magistrate for commission of offence punishable under section 14

of the Foreigners Act, 19464, section 51(b) of the Disaster Management Act

20055, and section 188 of the Indian Penal Code 18606. Upon conviction being

recorded, the appellant was sentenced as follows:

S.No. Offence Sentence

1 Section 14 of the 1946 Act S.I. for 30 days and fine of Rs.10,000/-

2 Section 51(b) of 2005 Act S.I. for 1 month and fine of Rs.500/-

3 Section 188 of IPC S.I. for 15 days and fine of Rs.200/-

1 the impugned order 2 No.802 of 2023 3 Cr. P.C. 4 the 1946 Act 5 the 2005 Act 6 IPC

2

4. Conviction that was recorded and the consequent sentence imposed on

the appellant had not been preceded by a full-fledged trial. An advocate

representing the appellant had filed an applicatio...

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