- 1 - HC-KAR NC: 2025:KHC:43249 CRL.P No. 13776 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13776 OF 2025 BETWEEN: MOHAMMED ARIF MOHIUDDIN @ ARIF S/O M.D. ALEEM UDDIN, AGED ABOUT 34 YEARS, RESIDING AT NO.18-1, 350/11/42, YOUSUFAIN COLONY, BABANAGARA, HYDERABAD-500 005, TELANGANA STATE. …PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA BY BANGALORE INTERNATIONAL AIRPORT P.S. (BIAL POLICE) REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BANGALORE-560 001. 2. DEEPAK SAHU S/O M.L. SAHU, AGED ABOUT 40 YEARS, ADDRESS IO BOI, KIAL AIRPORT, BENGALURU-560 300. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1(P/H); V/O.DTD.09.10.2025, NOTICE TO R2 IS DEFERRED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43249 CRL.P No. 13776 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO ISSUE THE DIRECTION TO THE 1ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU TO COMPLETE THE ENTIRE CASE PROCEEDINGS WITHIN 3 MONTHS PENDING IN C.C.NO.15853/2019 (CRIME NO.14/2019) FOR THE OFFENCES PUNISHABLE U/S 198, 199, 200, 417, 466, 474, 471, 420, 120B R/W 34 OF IPC AND SECTION 12(1A) AND 12(A) OF THE PASSPORT ACT 1967 AND SECTION 14A(b) OF FOREIGNERS ACT 1946 AND SEC.5 OF THE REGISTRATION FOREIGNER ACT, REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE THAT IS BENGALURU INTERNATIONAL AIRPORT P.S., (B.I.A.L) POLICE IS IN RESPECT OF PETITIONER/ACCUSED PENDING ON THE FILE OF THE 1ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR is registered in Crime No.14/2019 of BIAL Police Station against accused Nos.1 to 7, for the offence punishable under Section 14 of Foreigners Act, 1946, Section 420, 465 and 471 of IPC and Section 12(1A) and 12A of the Passport Act, 1967. 2. In brief, it is alleged that the accused are the citizens of Myanmar but they were illegally staying in - 3 - HC-KAR NC: 2025:KHC:43249 CRL.P No. 13776 of 2025 India, on the basis of fake documents such as Passport, Aadhar card, Election ID, PAN card etc. 3. One of the accused was found to be a minor. Chargesheet was filed against accused Nos.1, 2, 4 to 10. Petitioner is arraigned as accused No.10 in the chargesheet. 4. This Court in Crl.P No.6615/2021 has rejected the prayer of the petitioner for quashing the entire proceedings instituted against him vide order dated 08.06.2022. In the present petition, the only prayer of the petitioner is to direct the trial Court to conduct the trial pending against him in an expeditious manner. 5. It is contended that except the petitioner/accused No.10 all other accused are absconding and spilt-up chargesheet has been filed against them. It is submitted that there are only 11 witnesses out of which 6 witnesses are official witnesses. It is also submitted that the petitioner is an Indian citizen, the learned Magistrate - 4 - HC-KAR NC: 2025:KHC:43249 CRL.P No. 13776 of 2025 has framed the charges on 10.01.2024 and issued summons to the witnesses. However, the trial has not started. 6. The fact that all the other accused are absconding and spilt-up chargesheet has been filed against them is not disputed by the State. The incident relates to the year 2019. The charges are said to have been framed on 10.01.2024 against the petitioner. The trial cannot be kept pending without there being any progress when the petitioner is ready to cooperate with the trial. 7. The order sheet of the trial Court dated 14.08.2025 goes to show that inspite of issuance of summons to CWs.4 to 11, they are not secured and it is observed by the learned Magistrate that they are avoiding process. Proclamation has been re-issued against CWs.1 to 11 as per order dated 19.09.2025. - 5 - HC-KAR NC: 2025:KHC:43249 CRL.P No. 13776 of 2025 8. In the above facts and circumstances, the learned Magistrate shall take coercive steps to secure the presence of the witnesses and proceed in accordance with law and conclude the trial pending against the petitioner as far as possible within a period of 6 months from the date of receipt of a copy of the order. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 40