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2025 DAILYLAW 81360 (KAR)

SMT SAYEEDUNNISA @ SAYEEDABAIG v. STATE OF KARNATAKA

CRL.P/13113/2024 · 2025-09-10

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36044 CRL.P No. 13113 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13113 OF 2024 BETWEEN: 1. SMT. SAYEEDUNNISA @ SAYEEDABAIG W/O SAMIULLA BAIG AGED ABOUT 52 YEARS R/AT NO. 228, 1ST FLOOR 6TH MAIN, PALACE GUTTAHALLI BENGALURU - 560003. …PETITIONER (BY SRI. RUPESH KUMAR .S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VAYALIKAVAL POLICE STATION BENGALURU REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560003. 2. SMT. AYEESHA TABUSSUM W/O NOORULLA KHAN AGED ABOUT 46 YEARS 3. SRI. NOORULLA KHAN S/O SAMIULLA KHAN AGED ABOUT 52 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36044 CRL.P No. 13113 of 2024 4. SRI. MOHAMMED TABREZ S/O MOHAMMAD ILLYAS AGED ABOUT 44 YEARS R2 TO R4 ARE R/AT NO. 1537, 4TH CROSS BAZAAR STREET, NEELASANDRA BENGALURU - 560047 R2 TO R4 ARE PRESENTLY R/AT NO. 2, 1ST FLOOR, BTS MAIN ROAD OPPSOTE BHARATHI HOTEL ADUGODI POST BENGALURU - 560030. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO RECALL THE ORDER DATED 30.05.2022 AND 22.06.2022 PASSED IN CRIMINAL PETITION NO.2998/2019 AS PER ANNEXURE-A AND RE-HEAR THE MATTER ON MERITS. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, who is the complainant, has filed the present petition to recall the order dated 30.05.2022 passed by this Court in Criminal Petition No.2998/2019. In the said petition, the petitioner was arrayed as - 3 - HC-KAR NC: 2025:KHC:36044 CRL.P No. 13113 of 2024 respondent No.2. This Court, on merits, has quashed the proceedings in C.C.No.29167/2010 pending on the file of VIII Additional Chief Metropolitan Magistrate Court, Bengaluru. 2. Since the complainant being a party to the earlier order, she cannot maintain this petition in the form of revision petition and such a recourse is not permissible under the criminal proceedings. Therefore, the office objection regarding maintainability of the petition is upheld. Accordingly, the petition stands dismissed Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9