Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 41060 (KAR)

SRI AMEEN BASHA v. SMT. SARTAJ BEGUM

WP/20959/2025 · 2025-09-02

Sachin Shankar Magadum

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34379 WP No. 20959 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20959 OF 2025 (GM-RES) BETWEEN: SRI AMEEN BASHA AGED ABOUT 48 YEARS S/O MEHABOOB BASHA R/AT NO 84/4A MURUGAPA REDDY STREET EXTENSION AMBATHI VENKATAPURAM AMBATHUR, CHENNAI 600053 …PETITIONER (BY SRI. SRIVASTHALA., ADVOCATE) AND: SMT. SARTAJ BEGUM W/O AMEEN BASHA AGED ABOUT 38 YEARS R/AT NO 7/5, II CROSS E STREET GOPALAPURAM, MAGADI ROAD BENGALURU 560023 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE OR SUITABLY MODIFY THE ORDER DTD 19.06.2025 PASSED BY CRLA NO. 915/2025 BY THE HON’BLE SESSION COURT BENGALURU TO THE EXTENT IT IMPOSES CONDITION OF 5000/- PER MONTH AS INTERIM MAINTENANCE AND 2,00,000 COMPENSATION PAYABLE WITHIN 20 DAYS AND STAY THE OPERATION AND IMPLEMENTATION OF THE SAID CONDITIONS PENDING FINAL ADJUDICATION OF CRL A NO. 915/2025. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34379 WP No. 20959 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner has preferred a criminal appeal in Crl.A. No.915/2025 challenging the order passed in Crl. Misc. No.118/2019, whereby maintenance of Rs.10,000/- per month has been awarded in favour of the wife along with a direction to pay compensation of Rs.3,00,000/- within three months from the date of the order. 2. During the pendency of the appeal, the appellate court has stayed the operation and execution of the impugned order, subject to the condition that the petitioner pays interim maintenance of Rs.5,000/- per month and deposits a sum of Rs.2,00,000/- towards compensation within 20 days from the date of the order. 3. Aggrieved by the said conditional order, the petitioner has invoked the inherent jurisdiction of this - 3 - HC-KAR NC: 2025:KHC:34379 WP No. 20959 of 2025 Court by filing the present petition under Section 482 of Cr.P.C. The office, however, has raised objections regarding the maintainability of this petition. 4. On perusal of the order impugned, this Court is of the considered view that the petitioner has an efficacious statutory remedy by invoking the revisional jurisdiction under Section 397 of Cr.P.C. Hence, the objection raised by the office on the ground of maintainability deserves to be upheld. 5. Accordingly, the petition stands dismissed, reserving liberty to the petitioner to avail such remedy as is permissible in law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SKS List No.: 1 Sl No.: 53