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2025 DAILYLAW 15021 (KAR)

PREMANATHA.H.N v. THE STATE OF KARNATAKA

CRL.P/1415/2025 · 2025-02-13

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:6433 CRL.P No. 1415 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1415 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: PREMANATHA H. N. S/O. LATE H. N. SWAMY, AGED ABOUT 54 YEARS, R/AT JOGIMATTI ROAD, 1ST CROSS, NEAR GOVERNMENT PRIMARY SCHOOL, CHITRADURGA TOWN, CHITRADURGA- 577501. …PETITIONER (BY SRI K. B. K. SWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA, BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560001. …RESPONDENT (BY SRI JAGADEESHA B. N., ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 482 OF THE CRIMINAL PROCEDURE CODE, IS PRAY THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2846/2023 (CR.NO.379/2020) REGISTERED BY THE CHITRADURGA RURAL P.S., CHITRADURGA FOR THE OFFENCE P/U/S 399, 402 OF IPC PENDING ON THE FILE OF HON’BLE I ADDITIONAL CIVIL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC:6433 CRL.P No. 1415 of 2025 JUDGE AND J.M.F.C AT CHITRADURGA AND CONSEQUENTLY PASS SUCH OTHER ORDERS AS DEEM FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER 1. Heard the learned counsel Sri K. B. K. Swamy appearing for the petitioner and the learned Addl.SPP Sri.Jagadeesha B. N. appearing for the respondent-State. 2. The petitioner/accused No.5 is before this Court calling in question the proceedings in C.C.No.2846 registered for the offences punishable under Sections 399 and 402 of IPC. The very petitioner had preferred a petition in Crl.P.No.6479/2024. After the filing of the charge-sheet, the same comes to be withdrawn and therefore there is no chain circumstance in the considered view of the Court at this juncture to entertain a second petition though there is no absolute embargo. 3. The petitioner at this juncture would submit that he would avail the remedy of filing a discharge before - 3 - NC: 2025:KHC:6433 CRL.P No. 1415 of 2025 the concerned Court and then approaching this Court in the event of need arising. 4. The said submission is placed on record. Liberty is reserved to the petitioner to avail of the remedy of filing a discharge and then approach the doors of this Court, if need arises. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kgk List No.: 19 Sl No.: 39