Mahamad Khaji Hussen @ Kwaza @ Kwazahusen, S/O Mahamad Shabbir Hussain vs State Of Karnataka

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Kar) 184

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Mahamad Khaji Hussen @ Kwaza @ Kwazahusen, S/O Mahamad Shabbir Hussain – Appellant
Versus
State Of Karnataka – Respondent

Advocates:
Advocate Appeared:
For the Appellant :SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SMT. GALATAGI SUNITA PRALHAD, ADVOCATE
For the Respondent: SRI NAGESHWARAPPA K., HCGP

Table of Content
1. request to quash criminal proceedings. (Para 2)
2. arguments regarding lack of sanction. (Para 3 , 4 , 5)
3. arguments presented by both parties. (Para 6)
4. court's analysis on the connection to official duties. (Para 7 , 8)
5. order to quash the proceedings. (Para 9)

ORAL ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, petitioner seeks the following reliefs; "

a) Quash the impugned proceedings initiated in C.C.No.1503/2023 (CR.No.31/2015) registered for the offence punishable under Section 406 , 409 & 420 OF IPC pending on the file of the learned Additional Civil Judge and JMFC Court, Mudigere (Notified area) Chikkamagalur District in the interest of justice and equity.

b) To issue such other order or to issue such other direction as this Hon'ble Court deems fit in peculiar facts and circumstances of the case in the interest of justice and equity.

c) Pass any such other order as this Hon'ble Court deems fit and proper in the interest of justice and equity."

2. Heard learned Senior counsel Mr. Jayakumar S.Patil for Smt. Galagi Sunita Pralhad, learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent Nos.1 and 2 and perused the ma