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2025 DAILYLAW 72114 (KAR)

SABEENA BANU @ SABEENA PRAVIN HUSSAIN v. THE STATE OF KARNATAKA

WP/6316/2023 · 2025-08-29

J M Khazi

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33781 WP No. 6316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 6316 OF 2023 (GM-RES) BETWEEN: SABEENA BANU @ SABEENA PRAVIN HUSSAIN D/O MUNAWAR PASHA W/O GOLAM MONDAL AGED ABOUT 28 YEARS, GOKNA BADURIA, NORTH 24 PARGANAS, WEST BENGAL 743293 …PETITIONER (BY SMT/KUM. ANCHAL, ADVOCATE-ABSENT) AND: 1. THE STATE OF KARNATAKA BY KODGEHALLI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. VALI DASTHAGIR S/O AJMIDDIN AGED ABOUT 35 YEARS KAMMANAHALLI, GOTTIGERE POST, BANNERGHATTA, BENGALURU-560083 3. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33781 WP No. 6316 of 2023 BENGALURU-560001 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. RS.25,00,000/- (RUPEES TWENTY FIVE LAKH ONLY) BE AWARDED TO THE PETITIONER FOR THE OFFENCE UNDER SEC 3, 6, 8, 12 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AT ANNEXURE 'C' AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER This writ petition is filed by defacto complainant under Article 226 and 227 of the Constitution of India, challenging the acquittal of accused No.2, who is arraigned as respondent No.2 in this petition, for the offences punishable under Sections 363, 376, 374 of IPC and Section 3 r/w 4, 5(l) r/w 6 of POCSO Act, 2012. She is required to file Criminal Appeal under Section 372 of Cr.P.C. In the light of the same, upholding the office objections, this petition is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC:33781 WP No. 6316 of 2023 However, liberty is reserved to the petitioner/defacto complainant to file appeal under Section 372 Cr.P.C, if already not filed and in the event of filing the appeal, within a period of one month from today, she would be entitled for the benefit of limitation for the period during which this petition was pending before this Court. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 7