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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 17^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

WRIT PETITION No.200585/2021 (GM-RES)

BETWEEN:

MOHAMMAD ALI KHAN S/O KAREEMULLAH KHAN

AGE: 49 YEARS, OCC: BUSINESS

R/O ZAM ZAM COLONY, KALABURAGI-585101.

... PETITIONER

(BY SRI. R.S. LAGALI, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

THROUGH THE SHO., GRAMEEN PS, KALABURAGI

REP. BY THE ADDL. STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA, KALABURAGI-585102.

2.

ABDUL REHAN S/O ABDUL RASHEED SOUDHAGAR

AGE: 25 YEARS, OCC: SERVICE

R/O OPP. SIRAJ MEDICAL, MEHIBOOB NAGAR

KALABURAGI-585101.

3.

AYYUB S/O RAFEEQ

AGE: 27 YEARS, OCC: WORKING IN

SOUDHAGAR HOSPITAL, R/O MEHIBOOB NAGAR

KALABURAGI-585101.

2

4.

RASHEED S/O ABDUL KHADAR SOUDHAGAR

AGE: 55 YEARS, OCC: CAR PAINTING WORK

R/O OPP. SIRAJ MEDICAL, MEHIBOOB NAGAR

KALABURAGI-585101.

5.

RIZWAN S/O RASHEED SOUDHAGAR

AGE: 29 YEARS, OCC: CAR PAINTING WORK

R/O OPP. SIRAJ MEDICAL, MEHIBOOB NAGAR

KALABURAGI-585101.

6.

DR. RAHEEM S/O ABDUL KHADAR SOUDHAGAR

AGE: 42 YEARS, OCC: MEDICAL PRACTIONER

R/O NEAR DECCAN COLLEGE, NRI COLONY

HAGARGA ROAD, KALABURAGI-585101.

7.

SMT. ZARIJA W/O RASHEED SOUDHAGAR

AGE: 50 YEARS, OCC: HOUSEHOLD WORK

R/O OPP. SIRAJ MEDICAL, MEHIBOOB NAGAR

KALABURAGI-585101.

... RESPONDENTS

(BY SRI. SHARANABASAPPA M. PATIL, HCGP FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.

482 & 483 OF CR.P.C. PRAYING TO ALLOW THIS PETITION

AND THEREBY ISSUE APPROPRIATE WRIT OR ORDER OR

DIRECTION TO HON'BLE II ADDITIONAL SESSIONS

JUDGE/SPECIAL JUDGE, KALABURAGI TO DISPOSE OF THE

SPECIAL CASE (POCSO) NO.50/2017 (ARISING OUT OF

KALABURAGI GRAMEEN PS CRIME NO.252/2017) WITHIN

ONE MONTH FROM THE DATE OF ORDER.

THIS

PETITION

HAVING

BEEN

HEARD

AND

RESERVED FOR ORDERS ON 29.03.2021, COMING ON FOR

'PRONOUNCEMENT OF ORDER', THIS DAY THE COURT

MADE THE FOLLOWING:

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O R D E R

Defacto complainant - PW.2 in Special Case (POCSO)

No.50/2017 is before this Court with the following prayer:

"On looking into all the above mention

grounds amongst others, the petitioner most

respectfully prays that this Hon'ble Court be

pleased to allow this writ petition and thereby

issue appropriate writ or order or direction to

Hon'ble II Addl. Sessions Judge/Special Judge,

Kalaburagi to dispose of the Special Case

(POCSO) No.50/2017 (arising out of Kalaburagi

Grameen PS. Crime No.252/2017) within one

month from the date of order in the interest of

justice and equity."

2.

Brief facts which are necessary for disposal of

the petition are as under:

Petitioner is the complainant in Crime No.252/2017.

In his complaint, he alleged that his younger daughter

developed intimacy with his relative namely Abdul Rehan

and later on, he came to know that they had a love affair

and both of them had been advised to behave properly. It

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is further alleged that on 28.06.2017 when he had been to

Ajmeer for his private work and when returned to

Kalaburagi on 03.07.2017, he came to know from his wife

that on 02.07.2017 at about 5.00 a.m., when all were

sleeping, somebody has knocked the door from outside

and the victim girl thought that it is her father and opened

the door and at that juncture, Abdul Rehan and another

person forcibly gagged the mouth of victim girl and

abducted her stating that Abdul Rehan would marry her.

Later on, he lodged the complaint to the police and the

police have registered a case against the accused persons

for the offences punishable under Sections 366(A) and 109

read with Section 149 of Indian Penal Code, 1860 and

Sections 11 and 12 of Protection of Children from Sexual

Offences Act, 2012 (for short 'POCSO Act').

3.

After investigation of the case, police filed

charge sheet and trial is concluded. According to the

petitioner, even though the trial is concluded and