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Judgments of Supreme Court of India and High Courts

Sri Mohammed Suleman vs State Of Karnataka on 17 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF JANUARY, 2018

BEFORE

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

CRIMINAL PETITION NO.7089 OF 2017

BETWEEN :

1. SRI. MOHAMMED SULEMAN
S/O AHAMED SHARIEF
AGED ABOUT 57 YEARS

2. SMT. SHAKEELA
W/O SRI. MOHD. SULEMAN
AGED ABOUT 52 YEARS

BOTH ARE RESIDING AT
NO.1140, RAMAIAH GARDEN
KADUGODI, BENGALURU – 560 067
… PETITIONERS
(BY SRI. G.M.SRINIVASAREDDY, ADV.,)

AND :

1. STATE OF KARNATAKA
BY KADUGODI POLICE STATION
REPRESENTED BY
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU – 560 001
2

2. NAGINA WARISE
W/O MOHAMD IMRAN
AGED ABOUT 26 YEARS
NO.39, ANWAR LAYOUT
4TH CROSS, TANY ROAD
K.G.HALLI, BENGALURU – 560 045
… RESPONDENTS
(BY SRI. SANDESH J CHOUTA, SPP – II FOR R1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET
FILED AGAINST THE PETITIONERS FOR THE OFFENCES
P/U/S 498A, 506 R/W SECTION 34 OF IPC IN
C.C.NO.7788/2016 (CRIME NO.269/2016) ON THE FILE OF
LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE
BENGALURU RURAL.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioners. Perused

the charge sheet papers.

2. There are certain allegations found in the

complaint and the charge sheet papers. However, this court

cannot evaluate or appreciate the materials on record. At the
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time of framing of charges, the trial court can evaluate or

weigh the materials on record in order to ascertain whether

there are any grounds against the petitioners.

3. In the above circumstances, petition is dismissed

with a liberty to the petitioners to approach the Trial Court to

file appropriate application for their discharge. In that

eventuality, the Trial Court has to hear both the parties and

dispose of the said application in accordance with law.

The observation made by this court in any manner shall

not be taken into consideration by the trial court.

Sd/-

JUDGE

Bsv

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