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Mohammad Iylas vs The State Of Karnataka on 30 January, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 30TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 6786/2015
BETWEEN

MOHAMMAD IYLAS
S/O GHOUSE BAIG
AGED ABOUT 46 YEARS
OCC: SERVICE IN PRIVATE SECTOR,
R/AT NO.17(J.P), 6TH CROSS, LIC COLONY, 3RD BLOCK
EAST, JAYANAGAR, BANGALORE–11
… PETITIONER

(BY SRI.CHANDRAMOULI H S. ADV.)

AND

1. THE STATE OF KARNATAKA
BY THE POLICE OF YESHWANTHPUR P.S.
BENGALURU-560022
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.

2. SYAD AISHA SIDDIKA
D/O LATE AMEER AHAMED
AGED ABOUT 34 YEARS
R/O FLAT NO.5, MUSVEE RESIDENCY
NO.23, HALL ROAD,RICHARDS TOWN,
BENGALURU-560084
… RESPONDENTS

(BY SRI. S.RACHAIAH, HCGP FOR R1,
SRI.RAVI.B.NAIK, SENIOR COUNSEL FOR
SRI.U.G.KATTIMANI., ADV. FOR R2)
2

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH ADDITIONAL CHARGE SHEET FILED BY
YESHWANTPUR POLICE/RESPONDENT No.1 FOR THE
OFFENCE P/U/S.307 OF I.P.C. IN CRIME No.382/2013
(IN C.C.No.54898/2014 ON THE FILE OF XI
ADDL.C.M.M., BENGALURU) NOW PENDING IN
S.C.No.457/2015 ON THE FILE OF PRINCIPAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU.

THIS CRL.P COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner.

Perused the records

2. The petitioner has sought for quashing of the

entire proceedings in SC No.457/2015. The records

disclose that earlier, the Police have registered a case in

Crime No.382/2013 for the offence punishable under

sections 498A, 324 and 506 of IPC. The learned

Magistrate has taken cognizance of those offences and

when the matter was pending before the learned

Magistrate, it appears, the Police have submitted

additional charge sheet u/s.173(8) of Cr.P.C.

incorporating the offence u/s.307 of IPC. The learned

Magistrate after taking cognizance of the offence
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u/s.307 of Cr.P.C. complying the provisions of Section

207 of Cr.P.C., committed the case to the Court of

Sessions, as the offence is exclusively triable by the

Court of Sessions and registered a case in SC

No.457/2015.

3. Sri H.S. Chandramouli, learned counsel for the

petitioner strenuously argued that even though there

are no sufficient materials to attract Section 307 of IPC,

the learned Magistrate has taken cognizance and

referred the matter to the Court of Sessions by way of

committal.

4. As could be seen from the entire charge sheet,

there are many number of statement of the witnesses

available including various statements of the

complainant. In my opinion, the statements of the

witnesses have to be looked into and weighed by the

Sessions Court, in order to ascertain whether there are

any materials which attract Sec.307 of IPC to proceed

with the case. That exercise can only be done by the

Sessions Court at the time of passing the order with

regard to framing of charges.

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5. Under the above said circumstances, the

petition stands disposed of. The petitioner is at liberty

to move the Sessions Court for their discharge for the

above said offences by making necessary application.

If any such application is filed by the learned

counsel for the petitioner, the learned Sessions Judge is

directed to provide opportunity to both the parties and

then dispose of the said application in accordance with

law.

Sd/-

JUDGE

PL*

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