- 1 - HC-KAR NC: 2026:KHC:13442 CRL.P No. 16149 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16149 OF 2025 BETWEEN: 1. MOHAMMED ILYAS Y, S/O MOHAMMED YOUSUFF, AGED ABOUT 33 YEARS, R/AT NO. 14, B NO. 7TH ROAD, NEAR SRIRAJ LASSI BAR, SHIVAJINAGAR, BANGALORE - 560 051. …PETITIONER (BY SRI. SYED AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HENNUR POLICE STATION, SERVICE RD, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13442 CRL.P No. 16149 of 2025 BALACHANDRA LAYOUT, BABUSABPALYA, HENNUR GARDENS, BENGALURU, KARNATAKA - 560 113. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BUILDING - 560 001. 2. SHABEER HUSSAIN, AGED ABOUT 55 YEARS, S/O SHAIK HUSSAIN, R/AT NO.27, 2ND MAIN, 3RD CROSS, KAVERINAGAR, R.T NAGAR, BENGALURU CITY, KARNATAKA - 560 032. …RESPONDENTS (BY SRI.CHANNAPPA EARAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS - 3 - HC-KAR NC: 2026:KHC:13442 CRL.P No. 16149 of 2025 HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDERS DTD 10.08.2020 IN CC.NO.53462/2020 PASSED BY 11th ACMM COURT, MAYO HALL, BANGALORE CITY IN TAKING COGNIZANCE AND ISSUING SUMMONS TO PETITIONER ANNEXURE-A AS WELL AS QUASH THE CHARGE SHEET ANNEXURE-D ANDENTIRE PROCEEDINGS AGAINST PETITIONER IN CC.NO. 53462/2020 ARISING OUT OF FIR IN CR.NO.386/2019 REGISTERED BY HENNUR P.S., FOR THE OFFENCES P/U/S 447, 504, 506 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Syed Ahmed, learned counsel appearing for the petitioner, Sri. Channappa Earappa, learned HCGP appearing for respondent No.1 and have perused the material on record. 2. The complainant is an agreement holder. - 4 - HC-KAR NC: 2026:KHC:13442 CRL.P No. 16149 of 2025 3. Learned counsel appearing for the petitioner takes this Court through the documents appended to the petition to demonstrate that the Agreement of Sale was without possession. Therefore, the complainant is not in possession and the petitioner is in possession. 4. Learned HCGP on instructions and verification of records would submit the charges are framed in the year 2023 and the trial is on and the petition is preferred on 21.11.2025. 5. Learned counsel appearing for the petitioner projects various instances where the charge itself could not have been framed. 6. The petitioner is at liberty to urge all those contentions before the concerned Court at the appropriate time. 7. It is needless to observe that the concerned Court shall answer all those contentions while rendering its final order. - 5 - HC-KAR NC: 2026:KHC:13442 CRL.P No. 16149 of 2025 8. In the light of the judgment of the Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR1, the petition would not deserve entertainment once the charges are framed. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 10 CT:SG 1 (1994) 4 SCC 142