- 1 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8398 OF 2024 BETWEEN: MOHAMMED SHAFIULLA, S/O AEJAS AHMED AGED ABOUT 39 YEARS, R/AT NO. 317, 7TH CROSS, 2ND STAGE, RAJENDRA NAGAR, KESARE, MYSURU - 570 007. …PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, MYSURU CITY - 570 011. 2. SUB INSPECTOR OF POLICE, UDAYAGIRI POLICE STATION, MYSURU - 570 019. RESPONDENT NO.1 AND 2 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPP. VIDHANA SOUDHA, BANGALORE - 560 001. …RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO 1) SET ASIDE THE IMPUGNED ORDER DATED 28.05.2024 AT ANNEXURE-A PASSED IN CRL.RP. NO. 121/2024 BY THE HONBLE VI ADDL. PRL. DISTRICT AND SPECIAL JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: 1. To set aside the impugned order dated 28.05.2024 at Annexure-A passed in Criminal Revision Petition No.121/2024 by the Hon'ble VI Addl.Prl.District & Special Judge, Mysuru, in the interest of justice and equity. 2. To set aside the impugned order vide dated 25/03/2024 passed by the respondent no.1 Special Executive Magistrate and Deputy Commissioner of Police Law and Order Mysore in MAG no.(2) 648/2024 arising out of PAR no.75/2024 at Annexure-B, and - 3 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 3. Also, Issue writ of certiorari against the respondent no.1 to establish his authority to act under the cloak of executive magistrate being senior police officer, in the interest of justice and equity. 2. Heard the learned counsel for the petitioner and the learned HCGP for the Respondent/State. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the proceedings in Crime No.49 of 2023 dated 13.04.2023 filed by the respondent against the petitioner for the alleged offences under Section 188 of the Indian Penal Code in order to point out the said proceedings have been stayed by this Court in W.P.No. 27158 of 2023 dated 21.12.2023. It is submitted that despite the said proceedings against the petitioner in Crime No.49 of 2023 for alleged offences punishable under Section 188 of IPC having been stayed by this Court in W.P.No.27158 of 2023, the respondents have issued the - 4 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 impugned notice dated 25.03.2024 and the same having been challenged by the petitioner before the Revisional Court in Crl.R.P.No.121 of 2024, the same was dismissed by the Revisional Court and as such, the petitioner is before this Court by way of the present petition. 5. Per contra, learned HCGP for the Respondent- State submits that there is no merit in the matter and the same is liable to be dismissed. 6. A perusal of the impugned order passed in Crl.R.P.No.121 of 2024 by the Revisional Court will indicate that the said Court failed to consider and appreciate the undisputed material on record, which clearly establishes that the proceedings against the petitioner under Section 188 of IPC having been stayed by this Court in W.P.No.27158 of 2023. Under these circumstances, I am of the considered opinion that the Revisional Court clearly fell in error in dismissing the revision petition filed by the petitioner warranting interference in the present petition, which deserves to be - 5 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 allowed and consequently, the impugned proceedings pursuant to the impugned order dated 25.03.2024 passed by the first respondent deserves to be set aside, reserving liberty in favour of the respondents to take appropriate action after disposal of W.P.No.27158 of 2023. 7. In the result, I pass the following: ORDER i) Criminal petition is hereby allowed. ii) The impugned order dated 28.05.2024 at Annexure-A passed in Criminal Revision Petition No.121/2024 by the Additional Principal District and Special Judge, Mysuru, and the impugned order dated 25.03.2024 passed by Respondent No.1 Special Executive Magistrate and Deputy Commissioner of Police Law and Order Mysore in MAG No.(2) 648/2024 arising out of PAR No.75/2024 at Annexure-B are hereby quashed. - 6 - NC: 2025:KHC:1713 CRL.P No. 8398 of 2024 iii) Liberty is reserved in favour of the respondents to take appropriate steps subsequent to disposal of W.P.No.27158 of 2023 pending before this Court. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 13 CT: BHK