SRI. SHEIKH NASAR BASHA @ NASIR v. THE STATE OF KARNATAKA
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 428, 482
Key paragraphs
- Para 22. REENA SUVARNA N., ASSISTANT COMMISSIONER OF POLICE J.C. NAGAR, SUB-DIVISION BANGALORE - 06 REP. BY SPP OF HIGH Court OF KARNATAKA BANGALORE - 560 001. (BY SRI.RANGASWAMY R., HCGP FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PLEASED TO i). SET ASIDE THE…
Judgment
BETWEEN: 1. SRI. SHEIKH NASAR BASHA @ NASIR S/O NIZAR S.K., AGED ABOUT 41 YEARS, R/AT NO.1, 4TH CROSS, IST MAIN ROAD, CHINAPPA GARDEN BENGALURU - 560 046. Location: HIGH COURT OF KARNATAKA
#2. SRI. SHEIK ZAMEER S/O LATE K ABDUL AZEEZ AGED ABOUT 50 YEARS, R/AT NO. 27, 1ST FLOOR, 2ND CROSS M V BLOCK, CHURCH ROAD, BENGALURU - 560 006.
#3. SRI. NIZAMUDDIN FAKHRUDDIN @ RIZWAN FAKHRUDDIN S/O G FAKHRUDDIN AGED ABOUT 56 YEARS, R/AT NO. 20/02, 1ST CROSS, MARAPPA THOTA, J.C. NAGAR, BENGALURU - 560 006.
#4. SRI. INAYATHA ULLA KHAN S/O RAHAMAN KHAN AGED ABOUT 67 YEARS, R/AT NO. 19, 2ND CROSS, ISSAQSAHEB STRET, MUNIREDDY PALYA NEAR HRHA, SCHOOL, J C NAGAR, BANGALORE - 560 006. (BY SRI. NAVEED AHMED.,ADVOCATE) …PETITIONERS - 2 - NC: 2024:KHC:47533 CRL.P No. 13939 of 2023 AND:
#1. THE STATE OF KARNATAKA BY J C NAGAR POLICE REP S P P HIGH COURT OF KARNATAKA BENGALURU - 560 032.
#2. REENA SUVARNA N., ASSISTANT COMMISSIONER OF POLICE J.C. NAGAR, SUB-DIVISION BANGALORE - 06 REP. BY SPP OF HIGH Court OF KARNATAKA BANGALORE - 560 001. (BY SRI.RANGASWAMY R., HCGP FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PLEASED TO i). SET ASIDE THE ORDER DATED 28.06.2021 TAKING COGNIZANCE AND ISSUING SUMMONS AGAINST THE PETITIONERS BY THE LEARNED VIII A.C.M.M BENGALURU IN C.C.NO.13917/2021 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned HCGP on verification of records would submit that charge sheet have been framed in the case at hand in the year 2022 itself. In that light entertainment of the petition under Section 428 of Cr.PC in the year 2024 would run foul of - 3 - NC: 2024:KHC:47533 CRL.P No. 13939 of 2023 the judgment of the Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR1. Reserving liberty to the petitioners to urge all contentions before concerned court, in appropriate time, petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE RU List No.: 1 Sl No.: 372 1 (1994) 4 SCC 142
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