Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010705662024 NC: 2026:KHC:51369 WP No. 36544 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 36544 OF 2024 (GM-RES) BETWEEN:
1.
SMT MUBIN TAJ W/O. SRI ANSAR PASHA AGED ABOUT 47 YEARS R/AT NO.55, NEAR KHALEELULLA MASJID RAMAIAH BLOCK, CHAMUNDI NAGAR, BENGALURU - 560 032.
2.
SRI. MANSOOR PASHA S/O. SRI ANSAR PASHA AGED ABOUT 30 YEARS R/AT NO.55, NEAR KHALEELULLA MASJID RAMAIAH BLOCK, CHAMUNDI NAGAR, BENGALURU - 560 032.
3.
MS. SAMEEN TAJ D/O. SRI ANSAR PASHA AGED ABOUT 29 YEARS R/AT NO.55, NEAR KHALEELULLA MASJID RAMAIAH BLOCK, CHAMUNDI NAGAR, BENGALURU - 560 032.
4.
MS. PAREEN TAJ D/O. SRI ANSAR PASHA AGED ABOUT 29 YEARS R/AT NO.55, NEAR KHALEELULLA MASJID
Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka
- 2 -
HC-KAR
CNR: KAHC010705662024 NC: 2026:KHC:51369 WP No. 36544 of 2024
RAMAIAH BLOCK, CHAMUNDI NAGAR, BENGALURU - 560 032 …PETITIONERS (BY SRI. SUHAS G., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER RT POLICE STATION, J.C. NAGAR SUB DIVISION BENGALURU DISTRICT, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001
2.
SMT. ROOPABAI T INSPECTOR OF EXCISE AGED ABOUT 37 YEARS ZONE-2, MUNIREDDYPALYA, BENGALURU - 560 024 …RESPONDENTS (BY SRI. SURYA MUKUNDARAJ, APP FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., 1973 PRAYING TO-DIRECT TO QUASH THE FIR DTD 06.04.2024 (ANNX-A) REGISTERED BY THE R-2/EXCISE INSPECTOR VIDE FIR NO.60/2023-24/3708IE/370808 PUNISHABLE FOR OFFENSES UNDER SECTIONS 11, 15 AND 32(1) OF KARNATAKA EXCISE ACT, 1965 AND COMPLAINT AND FIR DTD 06.04.2024 (ANNX-B AND C) FILED BY THE
- 3 -
HC-KAR
CNR: KAHC010705662024 NC: 2026:KHC:51369 WP No. 36544 of 2024
RESPONDENT POLICE IN CRIME NO. 0121/2024 FOR OFFENCES PUNISHABLE UNDER SEC 504, 332 AND 353 R.W.S 34 OF THE INDIAN PENAL CODE (IPC) IN SO FAR AS TO THE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
1.
Learned counsel for the petitioners has filed a memo. Memo reads as under:
"The petitioners herein most humbly submits that this Hon'ble Court be pleased to permit the petitioners to withdraw the petition prayers insofar as Annexure 'B' and 'C' are concerned in the interest of justice."
2. Placing the memo on record, the present writ petition prayer is restricted to portion of the prayer No.1 only with regard to Annexure ‘A’ which is an FIR filed by the Excise Inspector in FIR No.60/2023- 24/3708IE/370808 for the offences punishable under
- 4 -
HC-KAR
CNR: KAHC010705662024 NC: 2026:KHC:51369 WP No. 36544 of 2024
Sections 11, 15 and 32(1) of the Karnataka Excise Act,
1965.
3. Placing the memo on record, writ petition insofar as Crime No.121/2024 for the offence punishable under Sections 504, 332, 353 read with Section 34 of the Indian Penal Code registered by R.T. Nagar Police Station, Bangalore is hereby dismissed.
4. Having noted that the second petitioner is working as Army Dental Corps Captain is entitled to buy liquor at a concessional price and keep it for personal consumption, and seized liquor bottles were within the permissible limit, continuation of the FIR vide Annexure 'A' is a futile exercise and would result in abuse of process of law.
5. Accordingly, following Order:
ORDER (i) Writ Petition allowed-in-part.
- 5 -
HC-KAR
CNR: KAHC010705662024 NC: 2026:KHC:51369 WP No. 36544 of 2024
(ii) Placing the memo on record, petition prayers in
respect of Annexures B and C is dismissed as
withdrawn. (iii) Petition is allowed in respect of Annexure 'A' vide FIR No.60/2023-24/3708IE/370808 for the offences punishable under Sections 11, 15 and 32(1) of the Karnataka Excise Act, 1965 is hereby quashed.
Sd/- (V SRISHANANDA) JUDGE
SNC List No.: 1 Sl No.: 34