Dismissed

Mr. Shaikh Adil v. the State of Karnataka

Karnataka HC20 Oct 2020CRL.P/5321/2020

Case brief

AI extract

What is this about?

The court dismissed a criminal petition under S. 482 Cr.P.C filed by an accused in judicial custody seeking delivery of fresh clothes instead of visiting rights, allowing provision of clothing while restricting delivery persons from meeting the petitioner.

What did the court decide?

Petitioner granted permission to receive fresh set of clothes delivered through Superintendent of Police; meeting by deliverers strictly prohibited.

Mr. Shaikh Adil Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2020)

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CRL.P. No.5321 OF 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF OCTOBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION No.5321 OF 2020

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BETWEEN:

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MR. SHAIKH ADIL S/O SHAIKH AFZAL AGED ABOUT 27 YEARS RESIDING AT NO.80, 1^ST CROSS ZAFRULLA LAYOUT, K.G.HALLI BANGALORE-560045 .. PETITIONER (BY SRI.USMAN P, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY K.G. HALLI POLICE STATION NOW UNDER INVESTIGATION BY NIA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001

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NATIONAL INVESTIGATION AGENCY 1^ST STAGE, NEAR DOMLUR FLY OVER DOMLUR, BENGALURU-560071 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001 .. RESPONDENTS

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(BY SRI.P. PRASANNA KUMAR, ADVOCATE FOR R1 AND R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-50) DATED 14.09.2020 PRODUCED AT ANNEXURE-A.

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CRL.P. No.5321 OF 2020

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for quashing the order dated 14.09.2020 passed by the XLIX Addl. City Civil and Sessions Judge, Bangalore and to allow the memo filed by the petitioner.

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By way of a memo filed on behalf of the petitioner, the petitioner-accused No.80 has sought for permission to permit the family members of accused No.80 to meet him and give him clothes for his use while in judicial custody. Since there was a request made to meet accused No.80, the said memo came to be rejected. The petitioner is before this Court eschewing the request to meet but only seeks for delivery of fresh set of clothes to the petitioner.

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Sri.Prasanna Kumar, learned Special Counsel appearing for respondents would submit that since the prayer sought for earlier has been eschewed, he

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CRL.P. No.5321 OF 2020

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would have no objection for the clothes to be delivered. The same could be delivered to Superintendent of Police, Central Prison, Bangalore, Parappana Agrahara during the working hours between 10 am to 5 pm on any working day, the Superintendent would ensure that the same reaches the petitioner after inspection of the said clothes so as to ascertain that there are no items which are prohibited from being delivered.

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Recording the above submission, the petition is dismissed.

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It is made clear that the person delivering the clothes shall not be entitled to visit or meet the petitioner while delivering the clothes.

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Sd/JUDGE

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Mr. Shaikh Adil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Shaikh Adil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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