Sri Mahammed Musthak vs State By Karkala Town P S
2024 Latest Caselaw 18907 Kant

Karnataka High Court

Sri Mahammed Musthak vs State By Karkala Town P S on 29 July, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                -1-
                                                             NC: 2024:KHC:29896
                                                         WP No. 19051 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 29TH DAY OF JULY, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                          WRIT PETITION NO. 19051 OF 2024 (GM-RES)
                   BETWEEN:

                         SRI. MAHAMMED MUSTHAK,
                         AGED ABOUT 40 YEARS,
                         S/O ABDUL AJIJ,
                         R/O IFA 3-472(7A), JINATH MANZIL,
                         DEKKADU SUBHASH NAGARA,
                         MUNNURU, DAKSHINA KANNADA
                         DISTRICT - 572 101.
                                                                  ...PETITIONER
                   (BY SRI. K. PRASANNA SHETTY, ADVOCATE)

                   AND:

                   1.    STATE BY KARKALA TOWN P.S.,
                         REPRESENTED BY
Digitally signed         STATE PUBLIC PROSECUTOR,
by NAGAVENI
Location: HIGH           HIGH COURT BUILDING,
COURT OF
KARNATAKA                BENGALURU - 560 001.

                   2.    SRI. K. MUSTHAFA HASANABBA,
                         AGED ABOUT 65 YEARS,
                         S/O LATE HASANABBA,
                         R/O MOTHER CARE HOUSE,
                         BAILOOR POST, KOUDUR VILLAGE,
                         KARKALA TALUK - 572 101.
                                                                ...RESPONDENTS
                   (BY SRI. THEJESH P, HCGP FOR R1)
                                 -2-
                                             NC: 2024:KHC:29896
                                           WP No. 19051 of 2024




       THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C
PRAYING TO A) QUASH THE CHARGE SHEET IN CRIMINAL
CASE NO. 234/2023 19.11.2022 PENDING ON THE FILE OF
PRL.   CIVIL    JUDGE   AND   JMFC,   AT   KARKALA,   FOR   THE
OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 504, 506
AND 511 OF IPC (ANNEXURE-A). IN SO FAR AS PETITIONER
CONCERNED AND ETC.,

       THIS    PETITION,    COMING    ON     FOR   PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE M.NAGAPRASANNA


                           ORAL ORDER

Heard the learned counsel, Shri K.Prasanna Shetty,

appearing for the petitioner.

2. The petitioner is before this Court calling in

question the proceedings in C.C.No.234 of 2023 on the file

of the Principal Civil Judge and JMFC, Karkala registered

for the offences punishable under Sections 323, 324, 504,

506 and 511 of IPC.

3. The learned High Court Government Pleader, on

instructions would submit that the charges have already

NC: 2024:KHC:29896

been framed by the concerned Court and the matter is set

at the stage of evidence.

4. If the charges are framed and the matter is set

at the stage of evidence, this Court would not entertain

the petition under Section 482 of Cr.P.C., to put the clock

back to the stage of registration of the FIR. Further, any

interference now would run foul of the Judgment of the

Apex Court in the case of Minakshi Bala Vs. Sudhir

Kumar reported in (1994) 4 SCC 142. The petition is

thus disposed, reserving liberty to the petitioners to urge

all the contentions before the concerned Court at the

appropriate time.

Sd/-

(M.NAGAPRASANNA) JUDGE

DH