Syed Mahboob vs State Of Karnataka
2024 Latest Caselaw 27709 Kant

Karnataka High Court

Syed Mahboob vs State Of Karnataka on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                -1-
                                                              NC: 2024:KHC:47544
                                                          CRL.P No. 2535 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                              BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           CRIMINAL PETITION NO. 2535 OF 2023
                   BETWEEN:

                   1.   SYED MAHBOOB
                        S/O BABJU SHAEB,
                        AGED ABUT 82 YEARS

                   2.   SYED SHAHIN SHA
                        S/ SYED SHAFI
                        AGED ABUT 30 YEARS

                        BOTH ARE RESIDING AT No.89
                        SHIKARIPALYA JIGANI HOBLI,
                        ANEKAL TALUK,
                        BENGALURU URBAN DISTRICT - 560 105.

                   3.   MOTHURA GHOUS
                        S/O LATE JEETHENDRANATH GOUSE,
                        AGED ABOUT 59 YEARS
                        R/AT NO 12, 1ST CORSS,
                        CUNNONPET, BENGALURU - 560 002.
Digitally signed
by NAGAVENI                                                        ...PETITIONERS
Location: HIGH
COURT OF           (BY SRI. PRAKASH TIMMANNA HEBBAR.,ADVOCATE)
KARNATAKA
                   AND:

                   1.   STATE OF KARNATAKA
                        BY STATION HOUSE OFFICER,
                        HEBBAGODI POLICE STATION,
                        HEBBAGODI, BENGALURU,
                        REP BY SPP HIGH COURT BUILDING
                        BENGALURU - 560 001.

                   2.   SRI ABHILASH N.,
                        S/O LATE NAGARAJU M
                        AGED ABOUT 40 YEARS
                                   -2-
                                             NC: 2024:KHC:47544
                                         CRL.P No. 2535 of 2023




       R/AT 127/1, BULL TEMPLE ROAD,
       CHAMRAJPET, BENGALURU - 560 018
                                                 ...RESPONDENTS
(BY SRI. B.N. JAGADEESH ADDL. SPP FOR R1)


        THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR REGISTERED BY THE I RESPONDENT HEBBAGODI POLICE IN
CR.NO.406/2022 AND ALSO THE COMPLIANT FOR THE OFFENCE
P/U/S.120-B, 420, 468, 469,471 OF INDIAN PENAL CODE PENDING
BEFORE II ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT,
ANEKAL, BENGALURU RURAL DISTRICT AS PER ANNEXURE A,B AND
C.
        THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                         ORAL ORDER

Learned Addl.SPP on instructions would submit that the

charges have been framed and the petition would not be

entertainable at this juncture.

2. In the light of the charges being framed, the

entertainment of the petition will run foul of the judgment of

the Apex Court in the case of MINAKSHI BALA V. SUDHIR

KUMAR1.

(1994) 4 SCC 142

NC: 2024:KHC:47544

3. Reserving liberty to the petitioners to avail of such

remedy, as is available in law, the petition stands disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE

RU