Disposed¶47

Mohammed Arif Mohiuddin @ Arif v. the State of Karnataka

Karnataka HC29 Oct 2025CRL.P/13776/2025

Case brief

AI extract

What is this about?

Criminal Petition under S.482 CrPC/S.528 BNSS seeking expeditious trial in C.C.No.15853/2019 (Crime No.14/2019, BIAL PS; fake-passport/Aadhaar case, petitioner accused No.10 Mohammed Arif Mohiuddin @ Arif; earlier quashing plea rejected in Crl.P No.6615/2021 on 08.06.2022). Court directs Magistrate to take coercive steps to secure CWs.1-11 and conclude trial within 6 months; petition disposed of.

What did the court decide?

Direction to the learned Magistrate (trial Court, C.C.No.15853/2019) to take coercive steps to secure the presence of the witnesses, proceed in accordance with law, and conclude the trial pending against the petitioner as far as possible within 6 months from the date of receipt of a copy of the order. ¶47

Mohammed Arif Mohiuddin @ Arif Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial Court should be directed to conduct/conclude the trial pending against the petitioner (accused No.10) in C.C.No.15853/2019 in an expeditious manner. +1 more

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Court's answer

The trial cannot be kept pending without there being any progress when the petitioner is ready to cooperate with the trial.

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Ratio / Principle

The learned Magistrate shall take coercive steps to secure the presence of the witnesses and proceed in accordance with law.

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Key takeaways

The trial pending against the petitioner shall be concluded as far as possible within a period of 6 months from the date of receipt of a copy of the order.ratio¶46

Detailed headnote1 paragraphs

Karnataka HC (Mohammad Nawaz J., 29.10.2025), Crl.P No.13776 of 2025 (S.482 CrPC / S.528 BNSS): Mohammed Arif Mohiuddin @ Arif, accused No.10 in C.C.No.15853/2019 arising out of Crime No.14/2019 of BIAL Police Station (offences under IPC ss.198, 199, 200, 417, 466, 474, 471, 420, 120B r/w 34; Passport Act 1967 ss.12(1A), 12(A); Foreigners Act 1946 s.14A(b); Registration of Foreigners Act s.5), alleging illegal stay in India by Myanmar nationals on fake documents such as Passport, Aadhar card, Election ID, PAN card. His earlier quashing plea (Crl.P No.6615/2021) was rejected on 08.06.2022. With all co-accused absconding and split-up chargesheets filed (not disputed by the State), charges framed on 10.01.2024, and CWs.4 to 11 not secured despite summons (observed to be avoiding process; proclamation re-issued against CWs.1 to 11 on 19.09.2025), the Court held the trial cannot be kept pending without progress when the petitioner is ready to cooperate; it directed the Magistrate to take coercive steps to secure the witnesses and conclude the trial as far as possible within 6 months from receipt of a copy of the order. Petition disposed of.

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NC: 2025:KHC:43249 CRL.P No. 13776 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 29^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 13776 OF 2025

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BETWEEN:

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MOHAMMED ARIF MOHIUDDIN @ ARIF S/O M.D. ALEEM UDDIN, AGED ABOUT 34 YEARS, RESIDING AT NO.18-1, 350/11/42, YOUSUFAIN COLONY, BABANAGARA, HYDERABAD-500 005, TELANGANA STATE.

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…PETITIONER

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(BY SRI. AFROZ PASHA, ADVOCATE (P/H))

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY BANGALORE INTERNATIONAL AIRPORT P.S. (BIAL POLICE) REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BANGALORE-560 001.

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DEEPAK SAHU S/O M.L. SAHU, AGED ABOUT 40 YEARS, ADDRESS IO BOI, KIAL AIRPORT, BENGALURU-560 300.

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…RESPONDENTS

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(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1(P/H); V/O.DTD.09.10.2025, NOTICE TO R2 IS DEFERRED)

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NC: 2025:KHC:43249 CRL.P No. 13776 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO ISSUE THE DIRECTION TO THE 1^ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU TO COMPLETE THE ENTIRE CASE PROCEEDINGS WITHIN 3 MONTHS PENDING IN C.C.NO.15853/2019 (CRIME NO.14/2019) FOR THE OFFENCES PUNISHABLE U/S 198, 199, 200, 417, 466, 474, 471, 420, 120B R/W 34 OF IPC AND SECTION 12(1A) AND 12(A) OF THE PASSPORT ACT 1967 AND SECTION 14A(b) OF FOREIGNERS ACT 1946 AND SEC.5 OF THE REGISTRATION FOREIGNER ACT, REGISTERED AND CHARGED SHEETED BY THE RESPONDENT POLICE THAT IS BENGALURU INTERNATIONAL AIRPORT P.S., (B.I.A.L) POLICE IS IN RESPECT OF PETITIONER/ACCUSED PENDING ON THE FILE OF THE 1^ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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FIR is registered in Crime No.14/2019 of BIAL Police Station against accused Nos.1 to 7, for the offence punishable under Section 14 of Foreigners Act, 1946, Section 420, 465 and 471 of IPC and Section 12(1A) and 12A of the Passport Act, 1967.

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In brief, it is alleged that the accused are the citizens of Myanmar but they were illegally staying in

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NC: 2025:KHC:43249 CRL.P No. 13776 of 2025

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HC-KAR

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India, on the basis of fake documents such as Passport, Aadhar card, Election ID, PAN card etc.

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One of the accused was found to be a minor. Chargesheet was filed against accused Nos.1, 2, 4 to 10. Petitioner is arraigned as accused No.10 in the chargesheet.

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This Court in Crl.P No.6615/2021 has rejected the prayer of the petitioner for quashing the entire proceedings instituted against him vide order dated 08.06.2022. In the present petition, the only prayer of the petitioner is to direct the trial Court to conduct the trial pending against him in an expeditious manner.

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It is contended that except the

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petitioner/accused No.10 all other accused are absconding and spilt-up chargesheet has been filed against them. It is submitted that there are only 11 witnesses out of which 6 witnesses are official witnesses. It is also submitted that the petitioner is an Indian citizen, the learned Magistrate

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NC: 2025:KHC:43249 CRL.P No. 13776 of 2025

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HC-KAR

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has framed the charges on 10.01.2024 and issued summons to the witnesses. However, the trial has not started.

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The fact that all the other accused are absconding and spilt-up chargesheet has been filed against them is not disputed by the State. The incident relates to the year 2019. The charges are said to have been framed on 10.01.2024 against the petitioner. The trial cannot be kept pending without there being any progress when the petitioner is ready to cooperate with the trial.

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The order sheet of the trial Court dated 14.08.2025 goes to show that inspite of issuance of summons to CWs.4 to 11, they are not secured and it is observed by the learned Magistrate that they are avoiding process. Proclamation has been re-issued against CWs.1 to 11 as per order dated 19.09.2025.

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NC: 2025:KHC:43249 CRL.P No. 13776 of 2025

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HC-KAR

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In the above facts and circumstances, the

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learned Magistrate shall take coercive steps to secure the presence of the witnesses and proceed in accordance with law and conclude the trial pending against the petitioner as far as possible within a period of 6 months from the date of receipt of a copy of the order.

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Petition is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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List No.: 1 Sl No.: 40

Mohammed Arif Mohiuddin @ Arif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Arif Mohiuddin @ Arif v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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