Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9322 WP No. 5570 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5570 OF 2025 (GM-POLICE) BETWEEN:
SMT. VEENA G. KAMATH, W/O LATE SRI. N. GANESH KAMATH, AGED ABOUT 71 YEARS, R/AT NO. 88, "SARASWATHI NARAYAN", 1ST MAIN, 2ND CROSS, DEFENCE LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097. …PETITIONER (BY MS. NIVEDITHA C. SHIVANAIKAR, ADVOCATE FOR SMT. VIJETHA R. NAIK ,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY KARKALA TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. SHUKHLAMBHAR, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE: 38 YEARS, R/AT "SARASWATHI SADANA", SANURU GUTTU ROAD, SANURU, KARKALA, UDUPI DISTRICT - 574 114. 3. SMT. ASHWINI KAMATH, W/O SHUKHLAMABHAR,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:9322 WP No. 5570 of 2025
AGED 38 YEARS, R/AT "SARASWATHI SADANA", SANURU GUTTU ROAD, SANURU, KARKALA, UDUPI DISTRICT - 574 114. 4. SHRI. GIRIDHAR KAMATH, FATHER'S NAME NOT KNOWN TO THE PETITIONER, OCCUPATION: CHARTERED ACCOUNTANT, R/AT FIRST FLOOR,, ALBUQUERQUE CHAMBERS, MANAGALADEVI TEMPLE ROAD, PANDESHWAR, MANGALORE - 575 001. 5. SRI. NAMDEV KAMATH, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGE: MAJOR, R/AT SHAMBAVI DIVINE NEAR CHRIST KING CHURCH, GANDHI MAIDAN ROAD, KARKALA, UDUPI DISTRICT - 574 104. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, KARKALA TO PASS ORDERS ON THE PROTEST PETITION FILED BY THE PETITIONER VIDE ANNEX-D TO THE B-REPORT SUBMITTED BY THE R-1 POLICE VIDE ANNEX-C DATED 14.09.2024, IN KARKALA TOWN POLICE STATION CRIME NO. 62/2024 REGISTERED FOR OFFENCES UNDER SECTIONS 120B, 420, 467, 468, 471 R/W 34 OF IPC.
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NC: 2025:KHC:9322 WP No. 5570 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayers:
"(a) A writ in the nature of mandamus or any other appropriate writ order or direction, directing the Learned Principal Civil Judge and JMFC, Karkala to pass orders on the Protest Petition filed by the petitioner produced at Annexure - D, to the 'B' Report submitted by the Respondent No.1 Police produced at Annexure - C, in Karkala Town Police Station Crime No.62/2024 registered for offences under Sections 120B, 420, 467, 468, 471 r/w 34 of IPC, in the interest of justice. (b) Grant such other reliefs as this Hon'ble Court deems fit in the circumstances of the case and in the interest of justice."
2. The petitioner is the complainant registers a complaint on 29.03.2024, which becomes a crime in crime No.62/2024 for offences punishable under Sections 120B, 420, 467, 468, 471 read with 34 of the Indian Penal Code, 1860. The police conduct investigation and file a 'B' report before the concerned Court on 14.09.2024. The petitioner then is said to have filed her protest petition on 16.10.2024. The matter was
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NC: 2025:KHC:9322 WP No. 5570 of 2025
heard before the concerned Court on 29.10.2024. It is the case of the petitioner that right from 29.10.2024, the matter has been listed on several occasions and no order is passed and the matter is now posted to 21.03.2025. Therefore, the present petition is preferred seeking a direction to the concerned Court to pass the necessary orders on the protest petition. 3.
In the light of the innocuous prayer and the contention is that, for the last five months, the matter is being adjourned on one reason or the other, when it is posted for orders, I deem it appropriate to direct the concerned Court to pass necessary orders as sought for, on the date on which it is listed now i.e. 21.03.2025. Ordered accordingly. Sd/- ______________________ JUSTICE M.NAGAPRASANNA
JY List No.: 1 Sl No.: 15 CT: BHK