SHRI MAHABOOB PASHA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO. 22482 OF 2023 (GM-RES)
BETWEEN:
1.
SHRI MAHABOOB PASHA
S/O LATE SYED NAZIR SAB @ NAZIR AHMED
AGED ABOUT 53 YEARS,
R/AT NO 14/1, KANAKANAGAR,
M V EXTENSION, HOSAKOTE,
BENGALURU RURAL DISTRICT 562114
…PETITIONER
(BY SRI. NANJA REDDY P. N.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
CHANNARAYAPATNA POLICE STATION,
REPRESENTED BY ITS STATION HOUSE OFFICER
CHANNARAYAPATNA POLICE STATION,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
2. SHRI AFZAL PASHA
S/O LATE NAZIR SAB,
AGED ABOUT 50 YEARS,
R/AT BUDIGERE VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA
…RESPONDENTS
- 2 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
(BY SMT. K.P. YASHODHA, AGA FOR R1; SRI A.S. KULKARNI
,ADVOCATE FOR R2)
THIS WP UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA IS FILED PRAYING TO-QUASH THE
PROCEEDINGS IN PCR NO.307/2021 PENDING BEFORE THE
PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI,
BENGALURU RURAL DISTRICT, ANNEXURE-C AND THE FIR IN
CR.NO.0089/2023 DTD 25.07.2023 PENDING BEFORE THE R1
POLICE ANNEXURE-D AS THE SAME IS ILLEGAL, ARBITRARY
AND IN VIOLATION OF ARTICLE 21 OF THE CONSTITUTION OF
INDIA AND THE RIGHT TO LIBERTY HAS BEEN INFRINGED AND
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Nanja Reddy, learned counsel appearing for the
petitioner, Smt. K.P.Yashodaha, learned Additional Government
Advocate appearing for respondent No.1 and Sri A.S. Kulkarni,
learned counsel appearing for respondent No.2.
2. Petition under Article 226 and 227 of the
Constitution of India r/w Section 482 Cr.PC is filed with the
following prayer:
" a) Issue a writ of certiorari or any other appropriate writ,
order, quashing the Proceedings in PCR No.307/2021
- 3 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
pending before the Principal Civil Judge & JMFC,
Devanahalli, Bengaluru Rural District, (Annexure-C) and
the FIR in Cr.No.0089/2023 dated 25.07.2023 pending
before the 1st respondent Police (Annexure-D) as the
same is illegal, arbitrary and in violation of Article 21 of
the Constitution of India and the right to liberty has been
infringed.
b) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the Respondents to grant
all the consequential benefits consequent upon quashing
the proceedings at Annexures-C & D respectively."
3. Second respondent herein filed a private complaint
under Section 200 Cr.PC. before the Magistrate at Devanahalli.
Said private complaint in P.C.R. No.307/2021 was referred to
police for investigation under Section 156(3) of the Cr.PC.
4. In the complaint, it has been contended that the
petitioner herein is a stranger to the family of the second
respondent and has concocted documents to grab the valuable
property belonging to the complainant and based on such
concocted documents, there is an attempt for alienation.
- 4 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
5. Pursuant to the order passed by the jurisdictional
Magistrate under Section 156(3) Cr.P.C., Channarayapattana
Police registered a case in Crime No.89/2023 on 25.07.2023 for
the offence punishable under Section 420 IPC.
6. Very registration of the case and investigation
thereof is called in question by the petitioner by contending
that, a suit had already been filed by the petitioner herein in
O.S. No. 170/2016, which came to be decreeed, holding that
petitioner is the owner of the disputed property. Yet another
suit is filed by the second respondent as plaintiff in
O.S.No.42/2021 with a prayer for declaration and possession.
7. Therefore, parallel criminal proceedings is totally
uncalled for.
8. Sri. P. N. Nanja Reddy reiterating the grounds in
the petition would contend that, when there is a valid decree
passed by the Jurisdictional Civil Court in O.S.No.170/2016
declaring that petitioner is the owner of the property, police
cannot investigate into the same in respect of alleged offences
and therefore sought for quashing of the criminal complaint.
- 5 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
9. Per contra, Smt. Yashoda and Sri. A. S. Kulkarni in
unison would support the continuation of the criminal case and
investigation thereof to unearth the truth in the incident.
10. Having heard the arguments of both sides this court
perused the material on record meticulously.
11. On such perusal of the material on record,
decreeing of the suit in O.S. No.170/2016 by the Jurisdictional
Civil Court in favour of the petitioner herein declaring that he is
the owner of the suit property. Alienation thereafter made by
the petitioner herein which is subject matter of O.S.No.
42/2021 is not in dispute.
12. In the complaint itself, very cleverly the second
respondent has described the present petitioner as a stranger
to the family, whereas in the suit filed by the plaintiff in O.S.
No.170/2016, it has been contended that the second
respondent is none other than the brother of the petitioner
herein.
- 6 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
13. On enquiry in this regard to the counsel for
respondent No.2 who is present before the court, second
respondent admits that the petitioner is his brother.
14. In the teeth of such suppression of material fact in
the complaint which necessitated the Jurisdictional Magistrate
to refer the matter to the police which is purely of civil nature,
this Court is of the considered opinion that continuation of the
criminal case is thus abuse of process of law, more so, when
there is a valid decree in favour of the petitioner passed by the
competent Civil Court.
15. As such, the following:
ORDER
i) The petition is allowed.
ii) Consequently pending FIR No. in Crime
No.0089/2023 registered by the Channarayapatna Police
Station insofar it relates to the petitioner herein is hereby
quashed.
- 7 -
HC-KAR
NC: 2026:KHC:59835
WP No. 22482 of 2023
CNR: KAHC010521852023
iii) However quashing of the criminal case shall not
affect the rights of the second respondent in the pending suit in
O.S.No.42/2021.
Ordered accordingly.
Sd/-
(V SRISHANANDA)
JUDGE
HR
List No.: 1 Sl No.: 64