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Karnataka High Court

K.M.Noorulla vs State Of Karnataka on 8 August, 2018

Author: R.B Budihal

Bench: R.B Budihal

                             1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 8TH DAY OF AUGUST, 2018
                        BEFORE
       THE HON'BLE MR.JUSTICE BUDIHAL R.B.

         CRIMINAL PETITION NO.1502/2015

BETWEEN
1.   K M Noorulla
     s/o late Ibrahim
     aged about 79 years
     r/a No.56, Noorkhans
     Mangalanagara
     Mangalore-575003.
2.   Smt.Ayisha
     w/o K M Noorulla
     aged about 68 years
     r/a No.56, Noorkhans
     Mangalanagara
     Mangalore-575003.
3.   Sri Anwar
     s/o late M Sulaioman
     Aged about years
     r/a Padil Post, Alape
     Mangalore-575007
4.   Sri Soud @ Arshaq Hussain
     s/o K M Nooralla
     Aged about 55 years
     Permanent r/a No.303
     Vishwas Kalanand
     Hoyge Bazaar
     Mangalore-575005.
                                2



5.    Smt.Shajad Bolar
      s/o Mohideen
      aged about 24 years
      Permanent r/o No.408
      Nalapad Kunil Tower
      3rd Floor, Nellikai Road
      Bunder, Mangalore-575004.

6.    Smt.Nushrath @ Quraisha
      Nushrath, w/o Sri Anwar
      Aged about 36 years
      r/a Padil Post, Alape
      Mangalore-575007.                         .. Petitioners
(By Smt.Haleema Ameen for Sri Vishwajith Shetty,
Advocate)
AND
1.    State of Karnataka
      By R T Nagar Police Station
      Bengaluru, Represented by
      State Public Prosecutor
      High Court Buildings
      Bengaluru-560 001.

2.    Smt.Katheeja Kausar
      w/o Arafath Ameen
      d/o Haiderali
      Aged about years
      Flat No.A11, 2nd Floor
      West Wing, C R Bande
      K B Sandra, R T Nagar
      Bengaluru-560032.               .. Respondents
(By Sri Vijayakumar Majage, Addl. SPP for R1,
    R2-served - unrepresented)
                              3



      This Crl.P is filed U/s. 482 Cr.P.C praying to quash
the entire proceedings in CR No.344/14 of R T Nagar P.S.,
Bengaluru registered by the 1st respondent police for the
offence punishable under Section 498-A, 506 read with
Section 34 of IPC and Section 8 of POCSO Act on the file of
the Sessions Judge, Bengaluru.

      This Criminal Petition coming on for final hearing
this day, the court made the following:

                          ORDER

Heard the learned counsel for the petitioners and also the learned Additional SPP appearing for the 1st respondent - State.

2. Learned counsel appearing for the petitioners made the submission that this petition has been filed only challenging the registration of FIR. But it is brought to the notice of the Court that this time the investigation was complete and chargesheet has been filed. Hence, learned counsel for the petitioners submits that the petitioners wanted to challenge the materials collected during the 4 investigation. Therefore, the petitioners may be permitted to withdraw the petition with liberty to file fresh petition.

In view of the submission made by the learned counsel for the petitioners, the petition is disposed off as withdrawn. The petitioners are at liberty to file fresh petition, if so desired.

Sd/-

JUDGE Bkm.