Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6895
CRL.P NO.2010 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2010 OF 2025 BETWEEN:
P. MAHADEVASWAMY S/O LATE PUTTAMADASHETTY.
AGED ABOUT 59 YEARS, PROPRIETOR, SRI. MAHADESHWARA METAL WORKS, BEHIND CONSUMER COURT, P.W.D. COLONY, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR DISTRICT - 571 313. …PETITIONER (BY SRI. K. RAVISHANKAR., ADVOCATE) AND:
1. NAGARAJ S/O NOT KNOWN, AGED ABOUT 41 YEARS, R/AT ARMED POLICE CONSTABLE (APC) NO.14, DAR(HEAD QUARTERS), NEAR RURAL POLICE STATION, CHAMARAJANAGAR, CHAMARAJANAGAR DISTRICT - 571 313.
2.
THE SUPERINTENDENT OF POLICE CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR - 571 313.
REPRESENTED BY THE S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 17.02.2025)
Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka
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NC: 2025:KHC:6895
CRL.P NO.2010 OF 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ALLOW THIS PETITION AND CONSEQUENTLY DIRECT THE 2ND RESPONDENT TO IMPLEMENT THE ORDER DATED 31.12.2024 PASSED IN C.C.NO.578/2019 BY THE PRINCIPAL CIVIL JUDGE AND JMFC., CHAMARAJANAGAR AND ALSO DIRECT THE TRIAL COURT TO DISPOSE OF THE ABOVE SAID CASE WITHIN THE REASONABLE TIME.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks following relief:
"Allow the petition and consequently direct the 2nd respondent to implement the order dated 31/12/2024 passed in C.C. No.578/2019 by the Principal Civil Judge and JMFC., Chamarajanagar and also direct the trial court to dispose of the above said case within the reasonable time in the interest of justice."
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.2 and perused the material on record.
3. For the order proposed, notice to respondent No.1 is dispensed with.
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NC: 2025:KHC:6895
CRL.P NO.2010 OF 2025
4. The limited grievance of the petitioner in the present petition is that, despite issuance of Non Bailable Warrant by the Trial Court in the private complaint filed by the petitioner against the respondent No.1-accused, the respondent No.2 has so far not executed the Non Bailable Warrant and delay in disposal of the proceedings is resulting in irreparable injury and hardship to the petitioner, who is before this Court by way of present petition.
5. A perusal of the material on record will indicate that, repeatedly the Trial Court had issued Non Bailable Warrant as against the respondent No.1-accused and has issued specific directions to the respondent No.2 on several occasions, the latest being order dated 31.12.2024 by adjourning the matter to
07.04.2025.
6. Under these circumstances, I deem it appropriate to dispose of this petition directing the respondent No.2- Superintendent of Police, Chamarajanagar District to execute the Non Bailable Warrant issued by the Trial Court as against the respondent No.1 and ensure that the respondent No.1-accused shall remianpresent before the Trial Court on 07.04.2025 without fail.
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NC: 2025:KHC:6895
CRL.P NO.2010 OF 2025
7. It is also directed that the Trial Court shall dispose of the proceedings within a period of six months from the date of appearance of the respondent No.1-accused before the Trial Court.
8. Accordingly, Criminal Petition is disposed of.
SD/- (S.R. KRISHNA KUMAR) JUDGE
ARK List No.: 1 Sl No.: 43