- 1 - NC: 2025:KHC:5125 CRL.P No. 2569 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2569 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: MANJUNATHA P., S/O LATE PAPAIAH, AGED ABOUT 61 YEARS, NO. 35/3, 4th MAIN ROAD, SULTHAN PALYA, R. T. NAGAR, BENGALURU 560032 …PETITIONER (BY SRI. SUDHINDRA S. A., ADVOCATE) AND: S.L.V. SOUHARDA PATTINA SAHAKARI NIYAMITA S.L.V KUTEERAM, NO. 515, 10th CROSS, PADMANABHA NAGAR, BENGALURU REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SMT. USHA RANI H. K. …RESPONDENT (BY SMT. GOWHAR UNNISA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 31.01.2024 PASSED BY THE MAGISTRATE IN DISMISSING THE APPLICATION U/S.311 OF CR.P.C. AND ALLOW THE PETITIONER TO FURTHER CROSS-EXAMINE THE PW-1 IN C.C.NO.17469/2023 PENDING BEFORE XL ACMM AT BENGLAURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5125 CRL.P No. 2569 of 2024 ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Call for records in C.C.No.17469/2023 pending before XL ACMM at Bangalore. b) To set aside the Order dated 31.01.2024 passed by the Magistrate in dismissing the application U/s 311 of Cr.P.C. and allow the petitioner to further cross-examine the PW.1 inC.C.No.17469/2023 pending before XL ACMM at Bangalore. c) To quash the proceedings initiated against the petitioner in C.C.No.17469/2023 before XL ACMM at Bangalore. d) Grant such other relief or relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interests of justice and equity..” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that if prayer No.(b) is granted, the petitioner would not press prayer No.(c) and the present petition may be partly allowed by setting aside the impugned order dated 31.01.2024 passed in C.C.No.17469/2023 and thereby allow the application filed by the petitioner under Section 311 of Cr.P.C. and permit the petitioner to further cross-examine PW.1. - 3 - NC: 2025:KHC:5125 CRL.P No. 2569 of 2024 4. Per contra, learned counsel for the respondent submits that the respondent does not have any objection for the impugned order to be set aside and the applications filed by the petitioner to cross-examine PW.1 further to be allowed, subject to the condition that the petitioner shall cross-examine on a date to be fixed by the Trial Court without seeking any adjournment, whatsoever. It is further directed that the Trial Court may be directed to dispose of the proceedings as expeditiously as possible, within a stipulated timeframe. 5. Though several contentions have been urged by both sides in support of their respective claim, in view of the aforesaid facts and circumstances, I deem it just and appropriate to partly allow the petition by setting aside the impugned order dated 31.01.2024 passed in C.C.No.17469/2023 by the XL ACMM, Bengaluru and allow the application filed u/s. 311 Cr.P.C. and permit the petitioner to cross-examine PW.1 further on a date to be fixed by the Trial Court. Further, the Trial Court is directed to dispose of the matter within three months from date of receipt of a copy of this order. 6. In the result, I pass the following: - 4 - NC: 2025:KHC:5125 CRL.P No. 2569 of 2024 ORDER (i) The petition is partly allowed. (ii) The impugned order dated 31.01.2024 passed in C.C.No.17469/2023 by the XL ACMM, Bengaluru is hereby set aside. (iii) Consequently, the application filed u/s. 311 Cr.P.C. is allowed. (iv) The petitioner is permitted to cross-examine PW.1 further on a date to be fixed by the Trial Court. (v) The Trial Court is directed to dispose of the matter within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 30