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2025 DAILYLAW 36815 (KAR)

MRS SUHUR BANU MOHAMMED ALI v. THE STATE OF KARNATAKA

WP/35463/2024 · 2025-02-12

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6885 WP No. 35463 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35463 OF 2024 (GM-RES) BETWEEN: MRS. SUHUR BANU MOHAMMED ALI, AGED ABOUT 63 YEARS, W/O. VAIDYAR MOHAMMED ALI, RESIDING AT HOUSE NO. 2 B, 2ND ‘B’ CROSS, LINDEN STREET, NEAR URDU SCHOOL, YALLAGONTANAPALYA, AUSTIN TOWN, BANGALORE SOUTH, VIVEKANAGAR, BANGALORE-560 047. …PETITIONER (BY SRI. USMAN P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 2. SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, CENTRAL DIVISION, BANGALORE CITY, BANGALORE-560 001. 3. SRI. ABBAS THIKOTI, SUB-INSPECTOR OF POLICE, ASHOKA NAGARA POLICE STATION, BANGALORE-560 050. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6885 WP No. 35463 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATHIYA NAGARIKA SURAKSHA SAMHITHA (BNSS) PRAYING TO QUASH THE PROCEEDINGS BEARING NO. DCP(KENDRA)CRM- MAG-315/2024 DATED 30.09.2024 INITIATED BY THE 2ND RESPONDENT, PRODUCED VIDE ANNEXURE-H AND ETC. 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, petitioner seeks for the following reliefs: a. To issue a writ in the nature of certiorari to quash the proceedings bearing No.DCP (Kendra)CRM- MAG-315/2024 dated 30.09.2024 initiated by the 2nd respondent, produced vide Annexure-H. b. To quash the order bearing No. DCP (Kendra)CRM- MAG-315/2024 dated 30.09.2024 issued by the 2nd respondent requiring the petitioner to furnish the security of sum of Rs.1,00,000/- initiated under Section 107 of Cr.P.C on the file of the 2nd respondent, produced vide Annexure-J. c. To issue such other order, writ or directions as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice. 2. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of directing the respondent-Police Authorities to take necessary - 3 - NC: 2025:KHC:6885 WP No. 35463 of 2024 steps pursuant to the FIR registered in pursuance of the complaint given by the petitioner as expeditiously as possible and that the execution of the Bond by the petitioner as directed in the impugned proceedings would be without prejudice to the rights and contentions of the petitioner. 3. The aforesaid submission is placed on record. 4. The petition is disposed of directing the respondent to take necessary steps pursuant to FIR in Crime No.171/2024 dated 24.05.2024 and submit final report in accordance with law. 5. It is further made clear that any action to be taken by the respondents henceforth as against the petitioner would be strictly in accordance with law and without prejudice to his rights and contentions. 6. Subject to the aforesaid directions, petition is disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 108