Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Abdul Raqueeb Zakir Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Home
Karnataka HC
2026
Abdul Raqueeb Zakir Vs State of KarnatakaAbdul Raqueeb Zakir v. State of Karnataka

Dismissed¶42

Abdul Raqueeb Zakir v. State of Karnataka

Karnataka HC17 Jun 2026WP/12093/2020

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru | WP No.12093 of 2020 (GM-RES) | decided 17.06.2026 | Ravi V Hosmani, J. | Petitioners: Abdul Raqueeb Zakir, Yasir Mohammed Hamid | Respondents: State of Karnataka (Devarajeevanahalli Police), R Akhanda Srinivasa Murthy | Subject: quashing of criminal proceedings / abuse of process; Spl.Case No.744/2020; Crime No.219/2020, D.J. Halli Police Station; IPC ss.143, 144, 447, 448, 435, 436, 395, 427, 120-B r/w 149; Karnataka Prevention of Destruction of Loss of Property Act, 1991 s.2; SC and ST (Prevention of Atrocities) Act s.3(2)(iii)-(va); cognizance order and non-bailable warrant dated 16.10.2020; certiorari; trial commenced (CWs.1 and 2 examined), no interim order; petition dismissed with liberty to urge contentions before trial Court.

What did the court decide?

No quashing; liberty reserved to petitioner to urge all contentions urged in the petition before the trial Court at appropriate stage.

Why is it important?

With no interim order having been granted and the trial already commenced (CWs.1 and 2 examined), the writ petition did not survive for consideration and its disposal was appropriate. ¶41

What the court decided

AI extract

Outcome

No quashing; liberty reserved to petitioner to urge all contentions urged in the petition before the trial Court at appropriate stage.

Issue for consideration

Whether the entire proceedings in Spl.Case No.744/2020 arising out of Crime No.219/2020, including the order of taking cognizance and issue of non-bailable warrant dated 16-10-2020, are an abuse of process of law and liable to be quashed. +1 more

Court's answer

The writ petition is dismissed, with liberty reserved to the petitioner to urge all contentions urged therein before the trial Court at appropriate stage.

Ratio / Principle

With no interim order having been granted and the trial already commenced (CWs.1 and 2 examined), the writ petition did not survive for consideration and its disposal was appropriate.

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India by Abdul Raqueeb Zakir and Yasir Mohammed Hamid seeking quashing of the entire proceedings in Spl.Case No.744/2020 before the LXXth Addl. City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases, Bangalore city, arising out of Crime No.219/2020 of D.J. Halli Police Station, for offences under ss.143, 144, 447, 448, 435, 436, 395, 427, 120-B r/w 149 IPC, u/s 2 of the Karnataka Prevention of Destruction of Loss of Property Act, 1991 and u/s 3(2)(iii), (iv), (v), (va) of the SC and ST (Prevention of Atrocities) Act, including the order of taking cognizance and non-bailable warrant dated 16-10-2020 (Annexures F and G), as an abuse of process of law. Petition filed 27.10.2020; notice ordered but no interim order granted. During pendency, trial commenced with examination of CWs.1 and 2. Held: petition does not survive; dismissed reserving liberty to urge all contentions before the trial Court at appropriate stage; pending applications disposed. (Ravi V Hosmani, J.)

A

1 -

NC: 2026:KHC:29774 WP No. 12093 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

WRIT PETITION NO. 12093 OF 2020 (GM-RES)

BETWEEN:

ABDUL RAQUEEB ZAKIR S/O LATE SHAIK ABDUL HAMID AGED ABOUT 49 YEARS OCC: EX CORPORATOR OF BBMP WARD NO.78, R/AT NO.59/1 1^ST FLOOR, COLES ROAD OPP ICICI BANK, FRAZER TOWN PULIKESHINAGAR BANGALORE-560 005.

YASIR MOHAMMED HAMID S/O LATE SHAIK ABDUL HAMID AGED ABOUT 50 YEARS R/AT NO.59/1, 5^TH FLOOR COLES ROAD OPP ICICI BANK FRAZER TOWN, PULIKESHINAGAR Digitally signed BANGALORE-560 005. by ANUSHA V Location: High Court of (BY SRI. NASIR ALI., ADVOCATE-ABSENT) Karnataka

(BY SRI. NASIR ALI., ADVOCATE-ABSENT)

…PETITIONERS

AND:

STATE OF KARNATAKA DEVARAJEEVANAHALLI POLICE BANGALORE (REP. BY LEARNED SPECIAL PUBLIC PROSECUTOR)

R AKHANDA SRINIVASA MURTHY S/O LATE RAMAYYA AGED ABOUT 50 YEARS

2 -

NC: 2026:KHC:29774 WP No. 12093 of 2020

HC-KAR

R/AT NO.32, KAVAL BAIRASANDRA R T NAGAR POST BANGALORE CITY-30

…RESPONDENTS

(BY SRI. THEJESH P., SPL. PP FOR R1: SRI MAHARUDRA G, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.CASE NO.744/2020 PENDING ON THE FILE OF HONBLE LXXTH ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR SC AND ST (PREVENTION OF ATROCITIES) CASES BANGALORE CITY, WHICH IS ARISING OUT OF CRIME NO.219/2020 ON THE FILE OF D.J.HALLI POLICE STATION BANGALORE CITY, FOR THE ALLEGED OFFECNCES UNDER SECTION 143, 144, 447, 448, 435, 436, 395, 427, 120-B R/W 149 OF IPC AND U/S 2 OF KARNATAKA PREVENTION OF DESTRUCTION OF LOSS OF PROPERTY ACT OF 1991, AND U/S 3 (2), (III), (IV), (V), (VA), OF SC AND ST PREVENTION OF ATROCITIES ACT, INCLUDING THE ORDER OF TAKING COGNIZANCE AND ISSUE OF NON BAIL ABLE WARRANT DTD. 16.10.2020, AS PER ANNEXURE-F AND G AS AN ABUSE OF PROCESS OF LAW AND ETC.

THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

3 -

NC: 2026:KHC:29774 WP No. 12093 of 2020

HC-KAR

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

None appears for petitioner.

2. Writ petition is filed seeking following reliefs:

"a writ of certiorari or order or direction of appropriate nature in quashing the entire proceedings in Spl.Case No.744/2020 pending on the file of Hon'ble LXXth Addl.City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases Bangalore city, which is arising out of Crime no.219/2020 on the file of D.J.Halli Police Station Bangalore city, for the alleged offences under section 143, 144, 447, 448, 435, 436, 395, 427, 120-b r/w 149 of IPC and u/s 2 of Karnataka Prevention of Destruction of loss of property act of 1991, and u/s 3 (2), (iii), (iv), (v), (va), of SC and ST prevention of Atrocities act, including the order of taking cognizance and issue of non bailable warrant dated 16-10-2020, as per Annexures F and G as an abuse of process of law,

issue a writ or order or direction of appropriate nature granting such other relief or reliefs as this Hon'ble court deem fit to grant in the facts and circumstance of the case in the interest of justice."

3. It is seen that petition was filed on 27.10.2020. Though notice was ordered, there is no interim order.

Sri Thejesh P., learned Spl.PP for respondent no.1-

State and Sri Mahendra, learned counsel for respondent no.2 submitted that during pendency of above petition and since there was no interim order, matter before trial Court has

4 - NC: 2026:KHC:29774 WP No. 12093 of 2020

HC-KAR

progressed, trial has commenced with examination of CWs.1 and 2 and steps for examination of other witnesses are in process. In view of above, petition would not survive for consideration.

Heard learned counsel and perused writ petition as well as ordersheet.

It is noted that though petition was filed there was no interim order granted. Since trial has already commenced instead of retaining matter, it is fount appropriate to dispose of this petition.

In view of above, petition is dismissed reserving liberty to petitioner to urge all contentions urged herein before trial Court at appropriate stage.

In view of disposal, pending applications, if any, stand disposed .

Sd/(RAVI V HOSMANI) JUDGE

AV

LIST NO.: 1 SL NO.: 48

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the entire proceedings in Spl.Case No.744/2020 arising out of Crime No.219/2020, including the order of taking cognizance and issue of non-bailable warrant dated 16-10-2020, are an abuse of process of law and liable to be quashed.¶32
The court held
The writ petition is dismissed, with liberty reserved to the petitioner to urge all contentions urged therein before the trial Court at appropriate stage.ratio¶42
2.
Whether the writ petition survives for consideration when, in the absence of any interim order, the trial before the Special Court has already commenced.medium confidence¶41
The court held
With no interim order having been granted and the trial already commenced (CWs.1 and 2 examined), the writ petition did not survive for consideration and its disposal was appropriate.ratio¶41

Statutes considered

4 provisions across 4 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶23
Indian Penal Code (IPC)Sections 143, 144, 447, 448, 435, 436, 395, 427 and 120-B read with 149¶32
Karnataka Prevention of Destruction of Loss of Property Act, 1991Section 2¶32
SC and ST (Prevention of Atrocities) ActSection 3(2)(iii), (iv), (v), (va)¶32

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of taking cognizance and issue of non-bailable warrant dated 16-10-2020 (Annexures F and G) in Spl.Case No.744/2020, challenged as an abuse of process of law.¶32
Hon'ble LXXth Addl. City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases, Bangalore city · 16-10-2020
Prior proceeding
Entire proceedings in Spl.Case No.744/2020 pending before Hon'ble LXXth Addl. City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases, Bangalore city.¶32
Prior proceeding
Proceedings arise out of Crime No.219/2020 on the file of D.J. Halli Police Station, Bangalore city.¶32
Prior proceeding
During pendency of the writ petition (with no interim order), trial commenced before the Special Court with examination of CWs.1 and 2; steps for examination of other witnesses were in process.¶39
Prior proceeding
Writ petition filed on 27.10.2020; notice was ordered but no interim order was granted.¶34

Parties & counsel

AI extract

petitioner
Abdul Raqueeb Zakir s/o Late Shaik Abdul Hamid¶10
Nasir Ali
petitioner
Yasir Mohammed Hamid s/o Late Shaik Abdul Hamid¶11
Nasir Ali
respondent
State of Karnataka (Devarajeevanahalli Police, Bangalore)¶15
Thejesh P.
respondent
R Akhanda Srinivasa Murthy s/o Late Ramayya¶16
Maharudra G, Mahendra

Coram

AI extract

Ravi V Hosmaniauthor¶28

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 17 Jun 2026 · June
Registered: 28 Oct 2020
Case no.: WP/12093/2020
CNR: KAHC010325002020
Topic: Writ and Judicial Review
Bench: Ravi V Hosmani
Disposal: DISPOSED
Case type: Writ Petition

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Ravi V Hosmani

Sri. Ashwathanarayana Vs the State of Karnataka
16 Jun 2026
Television Cultural and Sports Club R Vs State of Karnataka by
16 Jun 2026
Sri Pankaj Raj Vs Sri C v Nagesh
16 Jun 2026
Sri Dasegowda Vs the State by
17 Jun 2026
Mr. S. Arunachalam Vs the State of Karnataka
17 Jun 2026
Sri. Dhanraj Vs Srinivasa
17 Jun 2026

Cite this judgement

Abdul Raqueeb Zakir v. State of Karnataka, WP/12093/2020 (KA), decided on 17 June 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Constitution of IndiaArticles 226 and 227
Indian Penal Code (IPC)Sections 143, 144, 447, 448, 435, 436, 395, 427 and 120-B read with 149
Karnataka Prevention of Destruction of Loss of Property Act, 1991Section 2
SC and ST (Prevention of Atrocities) ActSection 3(2)(iii), (iv), (v), (va)

View all statutes

Procedural history5

Order of taking cognizance and issue of non-bailable warrant dated 16-10-2020 (Annexures F and G) in Spl.Case No.744/2020, challenged as an abuse of process of law.Hon'ble LXXth Addl. City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases, Bangalore city · 16-10-2020
Entire proceedings in Spl.Case No.744/2020 pending before Hon'ble LXXth Addl. City Civil and Sessions Judge and Special Court for SC and ST (Prevention of Atrocities) Cases, Bangalore city.
Proceedings arise out of Crime No.219/2020 on the file of D.J. Halli Police Station, Bangalore city.

View full history

Bench / Coram

Ravi V Hosmani

Parties & counsel