IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.890/2013 BETWEEN:
KUM. SHAMA TAJ D/O SYED KAREEM AGED ABOUT 14 YEARS SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MR. SYED KAREEM S/O SYED GAFFOOR AGED ABOUT 42 YEARS R/AT NO.86/1 DR. RAJKUMAR ROAD ADJACENT TO SUGUNA HOSPITAL RAJAJINAGAR BANGALORE-560 010. ... PETITIONER (BY SRI A.D. RAMANANDA, ADV.) AND:
1. THE INVESTIGATION OFFICER MR.B.L. VENUGOPAL SRIRAMPURA POLICE STATION SRIRAMPURA BANGALORE-560 021.
2. MR. SYED SHAKEEL S/O. LATE DILSHAD AHMED AGED ABOUT 21 YEARS R/AT AL-AMEEN SCHOOL MALUR ROAD HOSKOTE BANGALORE RURAL DISTRICT-562 114. ... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE CHARGE SUBMITTED BEFORE TRIAL COURT IN S.C.NO.1004/2012 PENDING ON THE FILE OF THE DIST. AND S.J., F.T.C.-IV, BANGALORE EXCEPT THE DOCTOR’S EVIDENCE REGARDING DNA TEST SUBMITTED BY THE 1ST RESPONDENT VIDE ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner submits that the petitioner has attained majority and he intends to issue notice to the petitioner and retire from the case.
2. Petition was filed in the year 2013 by one Sri. Syed Kareem on behalf of Kum. Shama Taj, who was then aged about 14 years. The prayer sought for in the petition is to direct a fresh investigation by a lady investigating Officer by setting aside the charge sheet submitted before the trial Court in S.C.No.1004/2012 pending on the file of the District and Sessions Judge, FTC-IV.
3. The learned HCGP submits that trial has already commenced and out of 23 witnesses cited in the charge sheet 15 witnesses are already examined.
4. In view of these facts, the prayer sought for by the petitioner has become infructuous.
5. Hence, the petition is dismissed.
Sd/- JUDGE *alb/-.