IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1018/2013 BETWEEN:
Asiya Rouhalath, D/o. S.K. Mohammed, Aged about 18 years, R/at Rahmath Manzil, Millath Nagar, Ullal Village, Mangalore Taluk, Dakshina Kannada District – 575 020. ... Petitioner (By Sri. B. Lethif, Advocate) AND:
1. State of Karnataka, Represented by Ullal Police Station, 2. Smt. Naseema, W/o. Ummer Mukthar, Aged about 24 years, Rahmath Manzil, Hatib Compound, Millath Nagar, Melangadi, Ullal Village, Mangalore Taluk, Dakshina Kannada – 575 020. ... Respondents (By Sri. Nasrulla Khan, HCGP for R1;
Sri. S. Vishwajith Shetty, Adv. for R2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the issuing of process and taken cognizance dated: 02.04.2012 against the petitioner in C.C.No.992/2012 on the file of the III JMFC at Mangalore, Dakshina Kannada District and quash the entire proceedings in C.C.No.992/2012 on the file of the III J.M.F.C. at Mangalore, Dakshina Kannada District.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner is accused of committing offences punishable under Sections 504, 323, 506 and 498(A) r/w 149 of IPC.
2. During the course of hearing, learned counsel for the petitioner has produced copy of the SSLC Marks Card of the petitioner which discloses that the petitioner was born on 14.12.1993. The allegations against the petitioner is that on 06.12.2011 she along with others assaulted the complainant and caused physical injuries to her. Since the petitioner is shown to be a minor as on the date of the said incident, it is proper for the trial Court to record a finding with regard to the age of the petitioner as on the date of commission of offence and accordingly proceed in the matter.
With these observations petition is disposed of.
Sd/- JUDGE SV