Zulfiqar Ali vs The State Of Karnataka
2026 Latest Caselaw 2707 Kant

Karnataka High Court

Zulfiqar Ali vs The State Of Karnataka on 26 March, 2026

                                               -1-
                                                          NC: 2026:KHC-K:2738
                                                     CRL.P No. 200448 of 2026


                      HC-KAR




                               IN THE HIGH COURT OF KARNATAKA

                                      KALABURAGI BENCH

                           DATED THIS THE 26TH DAY OF MARCH, 2026

                                            BEFORE
                             THE HON'BLE MR. JUSTICE G BASAVARAJA
                             CRIMINAL PETITION NO. 200448 OF 2026
                                    (482(Cr.PC)/528(BNSS))
                      BETWEEN:

                           ZULFIQAR ALI
                           S/O MOHAMMED YAQOOB ALI
                           AGE: 61 YEARS, OCC: BUSINESS
                           R/O H.NO.4-744/1/5
                           PAYAN ROAD HAFT GUMBAZ
                           JALEEL COMPOUND
                           KALABURAGI-585 102.
                                                               ...PETITIONER
                      (BY SRI. SYED FAYAZUDDIN., ADVOCATE)
Digitally signed by
SHIVALEELA
DATTATRAYA UDAGI
                      AND:
Location: HIGH
COURT OF
KARNATAKA             1.   THE STATE OF KARNATAKA
                           THROUGH CHOWK P.S, KALABURAGI,
                           REPRESENTED BY ADDL. S.P.P
                           HIGH COURT OF KARNATAKA
                           KALABURAGI-585103.

                      2.   MOHAMMED YUNS
                           S/O ABDUL NABI MAHAGAVI
                           AGE: 77 YEARS, OCC: NIL,
                           R/O BEHIND BAKAR FUNCTION
                           HALL BANDENAWAZ COLONY,
                               -2-
                                           NC: 2026:KHC-K:2738
                                    CRL.P No. 200448 of 2026


 HC-KAR




     KALABURAGI-585102.
                                             ...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV., HCGP FOR R1)

     THIS CRL.P IS FILED U/S 528 OF BNSS (NEW),
U/S.482 OF CR.P.C.(OLD), PRAYING TO ALLOW THE
CRIMINAL PETITION AND TO QUASH THE ENTIRE
PROCEEDINGS     C.R.NO.121/2024  C.C.NO.12307/2024
REGISTERED BY THE CHOWK P.S AT KALABURAGI FOR
THE OFFENCES PUNISHABLE OFFENCES U/S 126(2),
115(2), 352, 351(2), OF BNS, PENDING FOR DISPOSAL
BEFORE THE IIIRD ADDL. CIVIL JUDGE AND JMFC AT
KALABURAGI.

     THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                        ORAL ORDER

The petitioner has filed this petition seeking following

relief's:

"Wherefore, under the facts and circumstances of the case, the Hon'ble Court be pleased to allow the criminal petition and to quash the entire proceedings in Cr.No.121/2024 in C.C.No.12307/2024 registered by the Chowk P.S., at Kalaburagi for the offences punishable under Sections 126(2), 115(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023, pending for disposal before the III Addl. Civil Judge and JMFC at Kalaburagi, in the interest of justice and equity."

NC: 2026:KHC-K:2738

HC-KAR

2. Learned counsel appearing on behalf of the

petitioner would submit that the FIR was registered and

charge sheet filed by respondent No.1- is liable to be

quashed, as no procedure of enquiry is followed prior to

the registration of the FIR. There is a civil dispute between

the complainant's grand-son and the petitioner about the

tenancy of shop in question and recovery of rent in respect

of same the suit in O.S.No.266/2024 is pending before the

V Addl. Civil Judge, Kalaburagi. The complainant's

grandson is not a tenant and he is subtenant of the tenant

and sub-tenancy is created without the consent of the

petitioner. To the civil matter, a criminal color was given

to harass the lawful owner i.e., petitioner. As per the

complainant, the respondent No.2 assaulted on

08.07.2024 at about 08.30 p.m. and he has taken first aid

at the Government Hospital, Kalaburagi and on the next

day, the respondent No.2 got himself admitted in the

Bahmani Hospital, Kalaburagi and created the story as per

his wishes and no MLC was recorded at the Government

NC: 2026:KHC-K:2738

HC-KAR

Hospital, Kalaburagi. The complainant in the complaint

dated 09.07.2024 stated that he was assaulted on the

right side of the face. On the contrary, in further

statement recorded on 10.07.2024, he made several

improvements by narrating the assault on the other parts

of the body. Hence, there is an after thought improvement

in the statement. As per the complaint, the complainant

and his grandson had gone to the house of the petitioner

and the presence of the other witnesses makes thoughtful

that the false case is registered and the petitioner who is

lawful owner, is framed in that for the ulterior motive.

There is long delay in the registering the FIR. On all these

grounds, sought for allowing of the petition.

3. To substantiate his arguments, he relied on the

decision of the Hon'ble Supreme Court in the case of

Bashir Ahmad Dar and Others Vs. UT of J&K and

Another, reported in 2022 Supreme (J & K) 420.

4. I have heard the arguments on both sides.

NC: 2026:KHC-K:2738

HC-KAR

5. I have examined the materials placed before

this Court. On the basis of the complaint filed by

Mohammed Yunus, the Chowk Police registered the case in

Crime No. 121/2024 against the accused, who is the

present petitioner, for offences under Sections 126(2),

115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita,

2023, and submitted the FIR to the Court.

6. After a thorough investigation, the Investigating

Officer submitted the charge sheet against the accused for

the commission of offences under Sections 126(2),

115(2), 352, and 351(2) of the Bharatiya Nyaya Sanhita,

2023. The complainant, who is the injured, is CW2. PW3,

PW4, and PW5 are the eye witnesses. CW7 and CW6 are

also eye witnesses.

7. On a perusal of these materials, at this stage, I

am of the considered opinion that there are prima facie

materials to proceed against the accused for the alleged

commission of offences. The alleged incident took place on

08.07.2024, and the complaint was filed on 09.07.2024.

NC: 2026:KHC-K:2738

HC-KAR

There is no abnormal delay. The complainant is not a party

to these proceedings. Additionally, the complaint was filed

on 09.07.2024. The suit O.S. No. 266/2024 was filed on

25.07.2024, only after the alleged incident. Hence, the

question of giving criminal colour to the civil suit does not

arise.

8. The decision relied upon by the learned counsel

for the petitioner is not at all applicable to the case on

hand. Viewed from any angle, I do not find any materials

to stay the proceedings.

9. Accordingly, I proceed to pass the following:

ORDER

i. The petition is dismissed.

Sd/-

(G BASAVARAJA) JUDGE

MSR,TIN List No.: 1 Sl No.: 37