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2026 DAILYLAW 9936 (KAR)

SMT D BEEBI AESHA v. THE STATE OF KARNATAKA

WP/36257/2025 · 2026-04-17

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21441 WP No. 36257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 36257 OF 2025 (GM-RES) BETWEEN: 1. SMT. D. BEEBI AESHA W/O. P. MAHABU SUBHANI, AGED ABOUT 39 YEARS, 2. BABY. AAIRA AYESHA D/O. P. MAHABU SUBHANI, AGED ABOUT 9 YEARS, MINOR, REPRESENTED BY NATURAL GUARDIAN MOTHER D. BEEBI AESHA (PETITIONER NO.1) BOTH R/AT: FLAT NO. 04076, WING 4, SOBHA DREAM ACRES, BALAGERE ROAD, PANATHUR MAIN ROAD, OFF ORR, BENGALURU – 560 087. …PETITIONERS (BY SRI. MUKHTAR AHMAD KHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS HCGP, HIGH COURT OF KARNATAKA, BENGALURU, KARNATAKA – 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21441 WP No. 36257 of 2025 2. SRI P. MAHABU SUBHANI S/O LATE P. BABAIAH, AGED ABOUT 42 YEARS, R/AT D.NO-1/231-B, NEAR CHENNA KESAVA TEAMPLE, CHENNE KOTHAPALLI, SRI SATHYA SAI DISTRICT, AP - 515 101. 3. SMT. P. ANUSHA W/O SHARFARAZ NAWAZ AND D/O LATE P.BABAIAH, AGED 44 YEARS, R/AT. 21-6-233/8, TEACHERS COLONY, BEHIND K.GRACE BAPTIST CHURCH, HOUSING BOARD, HINDUPURAM, SRI SATHYA SAI DISTRICT, AP – 515 101. 4. SRI. SHARFARAZ NAWAZ AGED ABOUT 48 YEARS, R/AT. 21-6-233/8, TEACHERS COLONY, BEHIND K.GRACE BAPTIST CHURCH, HOUSING BOARD, HINDUPURAM SRI SATHYA SAI DISTRICT, AP – 515 101. 5. SRI. P. NABI RASOOL S/O LATE P. BABAIAH, AGED 40 YEARS, R/AT RGUKT STAFF QUARTERS, MENTOR, IDUPULAPAYA, VEMPALLI, YSR DISTRICT, AP – 516 330. - 3 - HC-KAR NC: 2026:KHC:21441 WP No. 36257 of 2025 6. SMT.Y.PRATHIBA BHARATHI DEVI W/O P. NABI RASOOL, AGED 40 YEARS, R/AT RGUKT STAFF QUARTERS, MENTOR, IDUPULAPAYA, VEMPALLI, YSR DISTRICT, AP – 516 330. 7. SRI. P.CHAND BASHA S/O LATE P. BABAIAH, AGED 47 YEARS, R/AT D.NO-1/231-B, NEAR CHENNA KESAVA TEMPLE, CHENNE KOTHAPALLI, SRI SATHYA SAI DISTRICT. AP - 515 101. 8. SMT. D ALEEMBI, W/O PCHAND BASHA, AGED 44 YEARS, R/A D NO 1 /231 B, NEAR CHENNA KESAVA TEMPLE, CHENNE KOTHAPALLI, SRI SATHYA SAI DISTRICT, AP - 515 101. …RESPONDENTS (BY SRI.B N JAGADEESHA.,ADDL. SPP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF BNSS ACT, PRAYING TO DIRECTION IN THE FORM OF WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT, WITHDRAWING THE CRIMINAL MISCELLANEOUS CASE VIDE CRL. MISC. NO. 522/2023, FROM THE FILE OF THE II ADDL CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL AND TRANSFERRING THE SAME TO THE COURT OF THE JUNIOR CIVIL JUDGE AND JMFC, KRISHNARAJA PURAM AND PASS SUCH ORDERS OR OTHER ORDERS AS THE HONBLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 4 - HC-KAR NC: 2026:KHC:21441 WP No. 36257 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayer: “A) The Hon'ble court may be pleased to issue a direction in the form of writ of mandamus or any appropriate writ, withdrawing the criminal miscellaneous case vide Crl. Misc.No. 522/2023, ANNEXURE-A from the file of the court of the II Addi Chief Judicial Magistrate, Bangalore Rural and transferring the same to the court of the Junior Civil Judge and JMFC, Krishnaraja Puram and pass such orders or other orders as the Hon'ble court may deem fit in the interest of justice and equity. B) The Hon'ble court may be pleased to issue a direction in the form of writ of mandamus or any appropriate writ, directing the court of the Junior Civil Judge and JMFC, Krishnaraja Puram to accept the filing of execution petitions by the petitioners, consequential to the Crl. Misc.522/2023 ANNEXURE- A. C) The Hon'ble court may be pleased to issue a direction in the form of writ of mandamus or any appropriate writ directing the trial court to expeditiously dispose the criminal miscellaneous case vide Crl. Misc. No. 522/2023, ANNEXURE-A on the file of the II Addl Chief Judicial Magistrate, Bangalore Rural and pass such orders or other orders as the Hon'ble court may deem fit in the interest of justice and equity.” - 5 - HC-KAR NC: 2026:KHC:21441 WP No. 36257 of 2025 2. Learned counsel for petitioners would restrict his prayer only seeking a direction to the concerned Court for expeditious disposal of the proceedings in Crl.Misc.522/2023. 3. In the light of the fact that the proceedings in Crl.Misc.No.522/2023 being the one invoked under Section 12 of the Protection of Women from Domestic Violence Act, which stipulates conclusion of the proceedings within six months, I deem it appropriate to dispose the petition, with a direction to the concerned Court to conclude the proceedings, within an outer limit of three months, from the date of receipt of a copy of the order, if not earlier. With the aforesaid direction, the writ petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 79