ZIYA UL HAQ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for quashing of the order dated 30.11.2017 passed by the First Additional District Judge, Dakshina Kannada, Mangaluru in SC No.187/2017 and also for a direction to the First Additional District Judge to release the petitioner forthwith in connection with SC No.187/2017.

(2.) I have heard the arguments of the learned counsel for the petitioner as well as learned High Court Government Pleader. Perused the records.

(3.) The brief factual aspects that emanate from the records are that; the Bajpe Police in Mangaluru District submitted a charge sheet against the petitioner herein for the alleged offences under Sections 498A, 323, 506 and 313 of IPC on 16.10.2017. The JMFC., II Court in fact has taken cognizance of the above said offences on 24.10.2017. After filing of the charge sheet and taking of the cognizance of the charge sheet by the learned Magistrate, the petitioner moved a bail petition under Section 439 of Cr.P.C in Crl.Misc.Case No.1404/2017 dated 25.11.2017 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangaluru. In the meantime, when the bail petition was pending, learned JMFC.II, has committed the case to the Court of Sessions as one of the offence is triable by the Court of Sessions vide order dated 09.11.2017 with a direction to the concerned police to produce the accused before the concerned Court on 18.11.2017. On 13.11.2017, the bail petition in Crl.Misc.Case No.1404/2017 was heard and posted the case for orders on 25.11.2017.