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2025 DAILYLAW 39062 (KAR)

SMT. MAHABOOB UNISSA v. THE COMMISSIONER OF POLICE

WP/11445/2023 · 2025-10-08

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39523 WP No. 11445 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11445 OF 2023 (GM-RES) BETWEEN: 1. SMT. MAHABOOB UNISSA D/O MOHDIN PASHA DELVI, W/O T M SAGHEER AHMED BAIG, AGED ABOUT 53 YEARS, R/AT NO.36, KARUN APARTMENT, BUDDHA VIHAR ROAD, FRAZER TOWN, BENGALURU-560005. …PETITIONER (BY SMT. SYEDA SHEHNAZ, ADVOCATE FOR SRI. BALAKRISHNA V., ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE BANGALORE CITY POLICE, INFANTRY ROAD, BANGALORE-560051. 2. THE STATION HOUSE OFFICER PULAKESHINAGARA POLICE STATION, MM ROAD, BENGALURU-560005. 3. SRI. TAWAKAL MIRZA SAGHEER AHMED BAIG, S/O MIRZA TAWAKAL BAIG, AGED ABOUT 72 YEARS, R/AT NO.34, COCA BURN ROAD, SHIVAJINAGARA, HKP ROAD, BENGALURU-560051. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39523 WP No. 11445 of 2023 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AND PASS AN ORDER/S OR DIRECTION BY WAY OF WRIT OR DIRECTION OF WRIT OF CERTIORARI OR QUO WARRANTO, DIRECTING THE FIRST AND SECOND RESPONDENT TO TAKE COGNIZES AND REGISTER A CASE AGAINST THE THIRD RESPONDENT FOR ISSUANCE OF THE IMPUGNED TALAKNAMA DATED 3RD MARCH 2022 AND 16TH JANUARY 2023 (1ST AND 2ND TALAKNAMA NOTICE), ANNEXURE-A AND B, AGAINST THE PETITIONER AS GUARANTEED UNDER THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT 2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondents 1 and 2. - 3 - HC-KAR NC: 2025:KHC:39523 WP No. 11445 of 2023 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioner has sought for direction to the respondent-authorities, to take cognizance of the offence and register a case against the respondent No.3, for issuance of impugned Talaqnama dated 03.03.2022 and 16.01.2023 (Annexure- A and B ) respectively. 4. Having taken note of submission made by the parties, as the petitioner herein has already approached the respondent-authorities and in this regard, Crime No. 55 of 2022 has been registered under Section 498A of IPC read with Section 3 and 4 of Dowry Prohibition Act, against the respondent No.3 on the file of East Zone, Women Police Station and as such, since the matter is already pending consideration before the competent Court, I am of the - 4 - HC-KAR NC: 2025:KHC:39523 WP No. 11445 of 2023 opinion that, no interference is called for under Article 226 of Constitution of India to direct the respondent- authorities as sought for in the prayer. It is also to be noted that, as the disputed question of facts are involved in this writ petition, the writ petition is not maintainable under Article 226 of Constitution of India. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 13