MOHAMMED RAFIULLA KHAN, S/O NAWAB MOHAMMED AHMEDULLA KHAN Vs. THE STATE OF KARNATAKA AND MRS. HAMMEMA HABEEB @ MUEENA SHARIFF, W/O MOHAMMED HABIBULLA KHAN

JUDGEMENT

(1.) IN this petition filed under. Section 482 Code of Criminal Procedure, the Petitioner who is arraigned as accused No. 4 in C.C. No. 370/2007 on the file of the II Additional Civil Judge (Sr. Dn.) and CJM, Mysore, has sought for quashing the entire criminal prosecution launched against him in the said case.

(2.) SECOND Respondent herein is the sister -in -law of the Petitioner. On the basis of the complaint lodged by her on 3.11.2006, the Women Police, Mysore registered case for the offences punishable under Sections 498 -A, 506, 406, 409, 378 r/w 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act against her husband, parents -in -law and brother -in -law namely the Petitioner herein. After completing investigation, the police filed the charge sheet. The jurisdictional Magistrate, on perusal of the charge sheet and the materials produced, took cognizance of the offences alleged and issued summons to the accused named therein including the Petitioner herein. The matter is pending at the stage of hearing before charge. It is at that stage, the Petitioner herein has presented this petition seeking to quash the prosecution launched against him.

(3.) ACCORDING to the learned Magistrate, the materials produced along with the charge sheet are prima facie sufficient to take cognizance and to proceed with the case against the Petitioner and other accused. Having regard to the facts and circumstances of the case, at this stage, the order taking cognizance of the offences cannot be termed as perverse or as illegal. It cannot also be said that there is no material to take cognizance of the offences alleged. Having regard to the fact that the Investigating Officer during investigation, after collected evidence, opined that there are sufficient materials to file the charge sheet and since the learned Magistrate, having regard to the materials produced along with the charge sheet, has taken cognizance of the offences alleged, I do not find any ground to entertain this petition and to quash the prosecution launched against the Petitioner. It is open to the Petitioner herein to seek discharge before the trial Court.