IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.557 OF 2019 BETWEEN:
Moulana Syed Anzar Shah Qasmi Aged about 50 years No 16, 2nd cross Behind Jamiya Masjid Ilyas nagar, Kumaraswamy Layout Bengaluru – 560 078.
(By Sri. Muzaffar Ahmed, Adv.,) AND:
The State of Karnataka By Tilak Nagar PS Rep by State Public Prosecutor Annexed to High Court Building Bengaluru – 560 001.
... Petitioner ... Respondent (By Sri. Vijaya Kumar Majage, Addl. SPP) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the order of learned magistrate of II A.C.M.M., Court, Bangalore taking cognizance against the petitioner dated 25.05.2017 in C.C.No.18003 of 2017 and quash the entire proceedings against the petitioner in C.C.No.18003 of 2017 of Tilak Nagar Police Station, Bangalore, on the file of the II A.C.M.M., Court, Bangalore.
This Petition coming on for Admission this day, the Court made the following:-
ORDER Sri. Muzaffar Ahmed, learned counsel for the petitioner.
Sri. Vijaya Kumar Majage, learned Additional SPP for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks quashment of the order dated 25.05.2017 passed in C.C.No.18003/2017 pending before II Additional Chief Metropolitan Magistrate Court, Bengaluru.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner be granted liberty to file an application seeking discharge before the learned Magistrate. The aforesaid prayer is not opposed by the learned Additional SPP.
4. In view of the aforesaid submission and in the facts of the case, petition is disposed of with liberty to the petitioner to file an application seeking discharge before the learned Magistrate.
5. Needless to state that in case such an application is filed before the learned Magistrate, the same shall be dealt with in accordance with law within a period of one month from the date of receipt of such an application.
6. With the aforesaid liberty, the petition is disposed of.
7. In view of the disposal of the main petition, pending Interlocutory Application does not survive for consideration. Accordingly, the same is disposed of.
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