- 1 - HC-KAR NC: 2025:KHC:36747 CRL.P No. 9005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9005 OF 2025 BETWEEN: ABDUL TABREZ PASHA @ TABREZ S/O LATE ABDUL VAHEED, AGED ABOUT 42 YEARS, R/O NO.259, 31ST D CROSS, BTB AREA, TILAK NAGAR, BANGALORE SOUTH, P. O. JAYANAGARA DISTRICT, BENGALURU - 562114. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. STATE OF KARNATAKA SHO CUBBON PARK PS, REP BY SPP, HIGH COURT BUILDING, BENGALURU - 560001. 2. MUHAMMED SHAHEEN HAMZA S/O HAMZA, AGED ABOUT 23 YEARS, THOMAR HOUSE, PALLIKKUNI, KARIYAD, SOUTH THALASSERY, KANNUR, KERALA-673316. CONTACT NO.9964300110. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ANNEXURE-B AND D, FIR AND CHARGESHEET IN CRIME NO.73 OF 2021 DATED 25.08.2021 FOR THE OFFENCE P/U/S. 75, 341, 342, 364A, 395, 201 AND Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36747 CRL.P No. 9005 of 2025 120B OF IPC REGISTERED IN CUBBON PARK POLICE STATION, PENDING ON TEH FILE OF LXIII, ADDL. CITY CIVIL AND SESSIONS JUDGE(CCH-64) AT BENGALURU, AS AGAINST THE PETITIONER/ACCUSED-3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioner - accused No.3 seeking quashing of the proceedings in Crime No.73/2021 (S.C.No.960/2022), registered by the Cubbon Park Police Station, Bengaluru, for the offences punishable under Sections 75, 341, 342, 364A, 395, 201 and 120B of IPC, which is now pending on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-64). 2. Learned counsel for the petitioner – accused No.3 contended that the petitioner is presently in jail and undergoing sentence in another case. It is therefore urged that the allegations of extortion and kidnapping attributed to the petitioner, who is already in custody, are inherently improbable and unsustainable. Learned counsel would - 3 - HC-KAR NC: 2025:KHC:36747 CRL.P No. 9005 of 2025 submit that the petitioner has been falsely implicated in the instant crime and no material exists to substantiate his alleged involvement. On this premise, it is argued that the continuation of the proceedings in Crime No.73/2021 (S.C. No.960/2022) would amount to abuse of process of law warranting exercise of inherent powers under Section 482 of Cr.P.C. to quash the proceedings against the petitioner. 3. Per-contra, learned Additional SPP, on instructions, submitted that the investigation has culminated in filing of a charge sheet. By referring to the charge sheet material, she pointed out that accused No.10, who happens to be the wife of accused No.3, has also been arraigned as one of the accused and it has come on record that certain amounts relating to the crime were transferred into her bank account. It is further contended that there are categorical allegations that the present petitioner was in contact with accused Nos.8, 10 and 11 in relation to the alleged acts of extortion and kidnapping. - 4 - HC-KAR NC: 2025:KHC:36747 CRL.P No. 9005 of 2025 The learned Additional SPP also brought to the notice of this Court that the petitioner has a chequered criminal history and in the present case, he was found absconding for nearly one year, necessitating issuance of a Non- Bailable Warrant, pursuant to which he was eventually apprehended by the police. 4. Having regard to these circumstances, namely, the fact that a detailed charge sheet has already been filed against the petitioner, coupled with the serious nature of the allegations, the complicity of his wife (accused No.10), the alleged financial trail of money to her account, and the antecedents of the petitioner himself, this Court is of the considered opinion that the matter involves disputed questions of fact which cannot be adjudicated in a petition under Section 482 of Cr.P.C. At this stage, it is neither permissible nor appropriate for this Court to undertake a roving inquiry into the merits of the prosecution case. - 5 - HC-KAR NC: 2025:KHC:36747 CRL.P No. 9005 of 2025 In light of the foregoing discussion, this Court finds no grounds to exercise its inherent jurisdiction to quash the proceedings. The petition, being devoid of merit, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15