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2025 DAILYLAW 16976 (KAR)

SMT SUMITA RANI SARKAR v. STATE OF KARNATAKA

CRL.P/1965/2025 · 2025-03-27

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12993 CRL.P No. 1965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1965 OF 2025 BETWEEN: SMT. SUMITA RANI SARKAR. DAUGHTER OF SHRI. SWAPAN SARKAR, AGED ABOUT 32 YEARS, RESIDING AT GOPI NAGAR, WARD NO. 10, PO AND PS, NORTH LAKHIMPUR DISTRICT, ASSAM - 787 001. …PETITIONER (BY SRI. VACHAN H U.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE POLICE INSPECTOR, MADIVALA POLICE STATION, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SHRI. SUNIL CHANDRA PAUL, SON OF LATE JOGESH PAUL, AGED ABOUT 62 YEARS, RESIDING AT GOPI NAGAR, WARD NO. 10, PO AND PS, NORTH LAKHIMPUR DISTRICT, ASSAM - 787 101. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12993 CRL.P No. 1965 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 29.01.2025 AND 10.02.2025 PASSED BY THE HONBLE XXXIX A.C.M.M BENGALURU IN CC..NO.15226/2017, FOR OFFENCES U/S 120(B), 201, 302 R/W SEC. 34 OF IPC, 1860 (ANNEXURE A AND A1). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER In this petition, petitioner is seeking a limited prayer to set aside the order issuing Non-Bailable Warrant against her by the learned Magistrate in C.C. No.15226/2017. 2. The grievance of the petitioner is that she preferred Criminal Petition No.4942/2022 before this Court and this Court vide order dated 15.07.2022 was pleased to stay the proceedings in C.C No.15226/2017, inspite of which, the learned Magistrate issued Non-Bailable warrant. 3. I have perused the order sheet in Criminal Petition No.4942/2022 wherein, this Court has granted an interim order staying the further proceedings in C.C. No.15226/2017 and the - 3 - NC: 2025:KHC:12993 CRL.P No. 1965 of 2025 said interim order has been continued. Further, vide order dated 28.02.2025 the Non-Bailable warrant issued by the Trial Court has been set aside and re-called in respect of petitioner/accused No.3. 4. In the light of the above, the prayer in the petition is already granted and therefore, the petition does not survive for consideration. 5. The petitioner is permitted to pursue Criminal Petition No.4942/2022. Accordingly, the following:- ORDER Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 8 CT: BHK