Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 22556 (KAR)

ABDUL RAQUEEB ZAKIR v. STATE OF KARNATAKA

WP/12093/2020 · 2026-06-17

Ravi V Hosmani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29774 WP No. 12093 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 12093 OF 2020 (GM-RES) BETWEEN: 1. ABDUL RAQUEEB ZAKIR S/O LATE SHAIK ABDUL HAMID AGED ABOUT 49 YEARS OCC: EX CORPORATOR OF BBMP WARD NO.78, R/AT NO.59/1 1ST FLOOR, COLES ROAD OPP ICICI BANK, FRAZER TOWN PULIKESHINAGAR BANGALORE-560 005. 2. YASIR MOHAMMED HAMID S/O LATE SHAIK ABDUL HAMID AGED ABOUT 50 YEARS R/AT NO.59/1, 5TH FLOOR COLES ROAD OPP ICICI BANK FRAZER TOWN, PULIKESHINAGAR BANGALORE-560 005. …PETITIONERS (BY SRI. NASIR ALI., ADVOCATE-ABSENT) AND: 1. STATE OF KARNATAKA DEVARAJEEVANAHALLI POLICE BANGALORE (REP. BY LEARNED SPECIAL PUBLIC PROSECUTOR) 2. R AKHANDA SRINIVASA MURTHY S/O LATE RAMAYYA AGED ABOUT 50 YEARS Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29774 WP No. 12093 of 2020 R/AT NO.32, KAVAL BAIRASANDRA R T NAGAR POST BANGALORE CITY-30 …RESPONDENTS (BY SRI. THEJESH P., SPL. PP FOR R1: SRI MAHARUDRA G, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.CASE NO.744/2020 PENDING ON THE FILE OF HONBLE LXXTH ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR SC AND ST (PREVENTION OF ATROCITIES) CASES BANGALORE CITY, WHICH IS ARISING OUT OF CRIME NO.219/2020 ON THE FILE OF D.J.HALLI POLICE STATION BANGALORE CITY, FOR THE ALLEGED OFFECNCES UNDER SECTION 143, 144, 447, 448, 435, 436, 395, 427, 120-B R/W 149 OF IPC AND U/S 2 OF KARNATAKA PREVENTION OF DESTRUCTION OF LOSS OF PROPERTY ACT OF 1991, AND U/S 3 (2), (III), (IV), (V), (VA), OF SC AND ST PREVENTION OF ATROCITIES ACT, INCLUDING THE ORDER OF TAKING COGNIZANCE AND ISSUE OF NON BAIL ABLE WARRANT DTD. 16.10.2020, AS PER ANNEXURE-F AND G AS AN ABUSE OF PROCESS OF LAW AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29774 WP No. 12093 of 2020 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER None appears for petitioner. 2. Writ petition is filed seeking following reliefs: "a writ of certiorari or order or direction of appropriate nature in quashing the entire proceedings in Spl.Case No.744/2020 pending on the file of Hon'ble LXXth Addl.City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases Bangalore city, which is arising out of Crime no.219/2020 on the file of D.J.Halli Police Station Bangalore city, for the alleged offences under section 143, 144, 447, 448, 435, 436, 395, 427, 120-b r/w 149 of IPC and u/s 2 of Karnataka Prevention of Destruction of loss of property act of 1991, and u/s 3 (2), (iii), (iv), (v), (va), of SC and ST prevention of Atrocities act, including the order of taking cognizance and issue of non bailable warrant dated 16-10-2020, as per Annexures F and G as an abuse of process of law, issue a writ or order or direction of appropriate nature granting such other relief or reliefs as this Hon'ble court deem fit to grant in the facts and circumstance of the case in the interest of justice." 3. It is seen that petition was filed on 27.10.2020. Though notice was ordered, there is no interim order. 4. Sri Thejesh P., learned Spl.PP for respondent no.1- State and Sri Mahendra, learned counsel for respondent no.2 submitted that during pendency of above petition and since there was no interim order, matter before trial Court has - 4 - HC-KAR NC: 2026:KHC:29774 WP No. 12093 of 2020 progressed, trial has commenced with examination of CWs.1 and 2 and steps for examination of other witnesses are in process. In view of above, petition would not survive for consideration. 5. Heard learned counsel and perused writ petition as well as ordersheet. 6. It is noted that though petition was filed there was no interim order granted. Since trial has already commenced instead of retaining matter, it is fount appropriate to dispose of this petition. 7. In view of above, petition is dismissed reserving liberty to petitioner to urge all contentions urged herein before trial Court at appropriate stage. 8. In view of disposal, pending applications, if any, stand disposed. Sd/- (RAVI V HOSMANI) JUDGE AV LIST NO.: 1 SL NO.: 48