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2026 DAILYLAW 6058 (KAR)

SRI MOHAMMED EHTHASHAM UL HAQ v. STATE OF KARNATAKA

WP/35603/2024 · 2026-03-24

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16809 WP No. 35603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35603 OF 2024 (GM-RES) BETWEEN: 1. SRI MOHAMMED EHTHASHAM UL HAQ S/O AHAMADH UL HAQ, AGED ABOUT 38 YEARS, PRESENTLY RESIDING AT FLAT NO.4081, MYKONOS SOBHA CITY, THANISANDRA MAIN ROAD, R.K.HEGDE NAGAR, BENGALURU – 560 077. 2. MRS. A.SHABANA D/O MR. AHMED-UL-HAQ AGED ABOUT 42 YEARS R/AT FLAT NO. 4182, 18TH FLOOR HRC PRISTINE, JAKKURU AMRUTHAHALLI MAIN ROAD BENGALURU – 560 092. …PETITIONERS (BY SRI MADHUKAR M.DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001 Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16809 WP No. 35603 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. ASSISTANT COMMISSIONER OF POLICE VIJAYANAGARA SUB-DIVISION BENGALURU – 560 040. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO ISSUE WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO COMPLETE THE INVESTIGATION INCLUDING SEIZING OF JEWELRIES AS PER THE STATEMENT OF THE ACCUSED NO.3 RECORDED BY THE RESPONDENT NO.2 AND SUBMIT COMPLETE FINAL REPORT/ CHARGE SHEET IN CRIME NO.0083/2019 (ANNEXURE A) BEFORE THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before the Court seeking a writ in the nature of mandamus to the respondents to conclude investigation and file their final report / charge sheet in Crime No.83/2019, pending before the 4th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 468, 471, 406, 420, 506 and 34 of the IPC and to seize the jewellery as per the statement of accused No.3. - 3 - HC-KAR NC: 2026:KHC:16809 WP No. 35603 of 2024 2. Heard Sri Madhukar M. Deshpande, learned counsel for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondents. 3. The first prayer of the petitioners is to complete investigation and file the final report by the respondents. Learned Additional State Public Prosecutor submits that investigation is already complete and charge sheet is filed. 4. Insofar as the second prayer, that there should be seizing of the jewels as per the statement of accused No.3 recorded by respondent No.2, it is the submission of learned Additional State Public Prosecutor that there is no application of the kind is preferred before the concerned Court. 5. Therefore, in the light of the submissions of the learned Additional State Public Prosecutor, reserving liberty to the petitioners to file an application with the prayer of the kind before the concerned Court, that he has made before this Court, the writ petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 2 Sl No.: 31/CT:SS