Allowed¶42

Zubair Anwar, v. the State of Karnataka

Karnataka HC12 Nov 2025CRL.P/11954/2025

Case brief

AI extract

What is this about?

Application of judicial mind at the stage of taking cognizance; cognizance order without perusal of charge-sheet material set aside under Section 482 Cr.PC (filed u/s 528 BNNS) and matter remitted for fresh consideration; offences under Sections 427, 448 and 506 IPC; C.C.No.7267/2021, City Market Police Station, Bengaluru; Zubair Anwar v. State of Karnataka and Farook Noor Mohammed; High Court of Karnataka, H.P. Sandesh, J., 12 November 2025; NC: 2025:KHC:46076.

What did the court decide?

Petition allowed; the order dated 19.03.2021 taking cognizance is set aside and the matter is remitted back to the learned Magistrate to consider the matter afresh in view of the observations made by this Court. ¶42

Zubair Anwar, Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:46076 CRL.P No. 11954 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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CRIMINAL PETITION NO.11954 OF 2025

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BETWEEN:

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ZUBAIR ANWAR, S/O. SRI. ANWAR NOOR MOHAMMED, AGED ABOUT 50 YEARS, NO.729, O.T.C.ROAD, CHICKPET, BENGALURU-560 053.

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…PETITIONER

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(BY SRI. BHAGAVAN S.G., ADVOCATE)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, CITY MARKET POLICE STATION, CHICKPET SUB-DIVISION, BENGALURU CITY-560 002. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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FAROOK NOOR MOHAMMED, S/O. LATE D. NOOR MOHAMMED, AGED ABOUT 74 YEARS, A.L. NOOR BUILDING, NO.17, PALACE ROAD, HIGH GROUNDS, BENGALURU – 560 052.

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…RESPONDENTS

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(BY SRI. M.R. PATIL, HCGP FOR R1; SRI A. SAMPATH, ADVOCATE FOR R2)

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2 - NC: 2025:KHC:46076 CRL.P No. 11954 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.7267/2021 PENDING ON THE COURT OF THE I ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 427, 448 AND 506 OF IPC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL ORDER

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Heard the learned counsel for the petitioner, the

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learned High Court Government Pleader appearing for respondent No.1 and the learned counsel for respondent No.2.

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The main contention of the learned counsel for the petitioner before this Court is that the learned Magistrate, who has received the charge-sheet materials has not applied his mind while taking the cognizance and whether it is a triable case or not, nothing is found. The learned counsel also brought to the notice of this Court document No.1 available at page No.13, wherein the order dated 19.03.2021 reads as follows:

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3 - NC: 2025:KHC:46076 CRL.P No. 11954 of 2025

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HC-KAR

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“Perused the records.

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Cognizance is taken in respect of the offence punishable U/s 427, 448, 506 of IPC. Hence register the case against the Accused in Register No.III in respect of the above said offence. Issue summons to Accused. Call on 21.05.2021.”

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Having perused this order, there is no application of mind by the learned Magistrate. Nowhere reference is made that he has perused the charge-sheet material and formed an opinion to take cognizance. Having perused the charge-sheet material, a case for taking of cognizance and to proceed in accordance with law and there is no application of mind by the learned Magistrate while taking the cognizance for the offences, which have been invoked against the petitioner. When such being the case, the order requires to be set aside and the order passed by the learned Magistrate is not in application of judicious mind and hence the order dated 19.03.2021 taking cognizance is set aside. The learned Magistrate is directed to apply his mind and consider the charge-sheet material and pass appropriate orders and

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NC: 2025:KHC:46076 CRL.P No. 11954 of 2025

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HC-KAR

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no need of detailed order. Hence, the petition requires to be

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allowed.

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In view of the discussions made above, I pass the

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following:

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ORDER

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(i) The petition is allowed .

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(ii) The order dated 19.03.2021 is set aside and the matter is remitted back to the learned Magistrate to consider the matter afresh in view of the observations made by this Court.

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Sd/- (H.P.SANDESH) JUDGE

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List No.: 1 Sl No.: 72

Zubair Anwar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Zubair Anwar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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