Karnataka High Court
Mahammad Saleem Kodipady vs State Of Karnataka on 29 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:29895
WP No. 18927 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. 18927 OF 2024 (GM-RES)
BETWEEN:
1. MAHAMMAD SALEEM KODIPADY,
S/O ISMAIL, AGED ABOUT 37 YEARS,
KANDIGE HOUSE, KODIPPADI VILLAGE,
PUTTUR TALUK, D.K, KARNATAKA - 574 325.
2. ISMAIL,
S/O HAJI ABDUL RAHIMAN,
AGED ABOUT 70 YEARS,
KANDIGE HOUSE, KODIPPADI VILLAGE,
PUTTUR TALUK, D.K, KARNATAKA - 574 325.
3. RUHALATH,
W/O ISMAIL,
AGED ABOUT 55 YEARS,
KANDIGE HOUSE, KODIPPADI VILLAGE,
PUTTUR TALUK, D.K, KARNATAKA - 574 325.
Digitally signed
by NAGAVENI ...PETITIONERS
Location: HIGH (BY SRI. ABDUL RAHIMAN NIHAL, ADVOCATE FOR
COURT OF SRI. SACHIN B.S, ADVOCATE)
KARNATAKA
AND:
1. STATE OF KARNATAKA
BY SUB-INSPECTOR,
WOMEN POLICE STATION,
PUTTUR, D.K DISTRICT - 574 201,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
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NC: 2024:KHC:29895
WP No. 18927 of 2024
2. SMT. ZAINABHA,
W/O MAHAMMAD SALEEM,
AGED ABOUT 26 YEARS,
KANDIGE HOUSE, KODIPPADI VILLAGE,
PUTTUR TALUK, D.K DISTRICT - 574 325.
...RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.
599/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC,
PUTTUR, DAKSHINA KANNADA REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 498A, 323, 324, 504, 506 AND
34 OF IPC AS AGAINST THE PETITIONER AS PER ANNEXURE-A
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 Abdul Rahiman Nihal
appearing for the petitioners.
2. The petitioners are before this Court calling in
question the proceedings in C.C.No.599 of 2022 on the file
of the Principal Civil Judge and JMFC, Puttur, Dakshina
Kannada, registered for the offences punishable under
Sections 498(A), 323, 324, 504, 506 and 34 of IPC.
NC: 2024:KHC:29895
3. The learned High Court Government Pleader, on
instructions would submit that the charges have already
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
CT: BHK
