IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4025/2015 BETWEEN:
1. MR. AYUB KHAN S/O. NAZEER KHAN AGED ABOUT 32 YEARS R/AT NO.88, 4TH CROSS SYED BLOCK NEAR RIZWAN MOSQUE ANNASANDRAPALYA, HAL BANGALORE-560 078 2. KHAMUNISSA W/O. NAZEER KHAN AGED ABOUT 68 YEARS R/AT NO.88, 4TH CROSS SYED BLOCK NEAR RIZWAN MOSQUE ANNASANDRAPALYA, HAL BANGALORE-560 078 3. MRS.ISHRATHUNISSA W/O. AYUB KHAN AGED ABOUT 31 YEARS R/AT NO.209/F 3RD CROSS, 4TH MAIN BEHIND MINHANAGAR MOSQUE MIHAJNAGAR BANASHANKARI II STAGE BANGALORE-560 070 4. MRS. NOORJAN MOTHER OF ISHRATH AGED ABOUT 65 YEARS R/AT NO.209/F 3RD CROSS, 4TH MAIN BEHIND MINHANAGAR MOSQUE MIHAJNAGAR BANASHANKARI II STAGE BANGALORE-560 070 … PETITIONERS (BY SRI KETHAN KUMAR, ADVOCATE [ABSENT]) AND:
1. STATE BY HAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 2. MS.NAZEEYA BANU D/O. LATE MOHAMED AYUB AGED ABOUT 28 YEARS R/AT NO.19 4TH CROSS, 5TH MAIN LBS SHASTRINAGAR GAFFAR LAYOUT BANGALORE-560 017 …RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1; SRI IQBAL AHMED KHAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.246/2015 REGISTERED BY RESPONDENT NO.1 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 506, 504, 376, 323, 342 READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Counsel for the petitioners is absent.
2. Perused the records.
3. The petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.246/2015 registered for the offences punishable under Sections 109, 506, 504, 376, 342 read with Section 34 of IPC.
4. Learned SPP-II appearing for respondent No.1 submits that the investigation is completed and charge sheet is laid before the jurisdictional Court and the matter is pending in SC.No.1998/2018 in CCH-54, Bengaluru.
In view the above said submission, petition is dismissed reserving liberty to the petitioners to seek discharge on such grounds available in law, before the trial Court.
In view of dismissal of the petition, IA.No.1/2015 does not survive for consideration and the same is dismissed.
Sd/- JUDGE LB