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2025 DAILYLAW 22942 (KAR)

MR MAHESHKUMAR C v. STATE OF KARNATAKA

CRL.P/4854/2025 · 2025-04-04

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14325 CRL.P No. 4854 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4854 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR MAHESHKUMAR C S/O CHIKAIAH AGED ABOUT 52 YEARS RESIDING AT NO.137, AVVANA MANE, GANDHINAGAR, BHADRAVATHI, SHIVAMOGGA - 577 301. CHARGESHEET ADD: R/A: MBK 72/K, NEW TOWN, BHADRAVATHI. SOUBHAGYA NILAYA, SATHYASAI LAYOUT, KAADUGODI, BENGALURU. …PETITIONER (BY SRI. SHYAM SUNDAR M.S., SENIOR ADVOCATE FOR SRI. VIVEKANANDA.N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYANAGAR POLICE STATION, INVESTIGATED BY COD POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 009. 2. MRS SATHYAVATHI W/O A. S. PATTABHIRAMAN, AGED ABOUT 79 YEARS, Digitally signed by K G RENUKAMBA Location: High Court Of Karnatka - 2 - NC: 2025:KHC:14325 CRL.P No. 4854 of 2025 MANAGER, SBI, RESIDING AT NO.607A, 1ST MAIN ROAD, E BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH ENTIRE CRIMINAL PROCEEDINGS IN S.C.NO.1151/2008 BEFORE LI ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCE P/U/S 365, 364(A), 342, 343, 384, 385, 395, 120(B), 190 R/W 34 OF IPC AS FAR AS PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing trial for offences punishable under Sections 365, 364(A), 342, 343, 384, 385, 395, 120(B), and 190 read with Section 34 of the IPC, is before this Court. Sri Shyam Sundar, learned Senior Counsel appearing for the petitioner, submitted that during the trial it was discovered that three FIRs were registered for the same offences against the petitioner, and that the petitioner has been charge‑sheeted in the third FIR under Section 364A. 2. Accordingly, the petitioner filed an application before the Trial Court seeking to defer the trial and to conduct an enquiry into the alleged fabrication or genuineness of the FIR. His grievance is that the Trial Court has refused to receive the application or pass any order thereon. - 3 - NC: 2025:KHC:14325 CRL.P No. 4854 of 2025 3. It is therefore expedient to permit the petitioner to submit an appropriate application before the Trial Court. Upon filing, the Trial Court shall consider the application and pass an appropriate order in accordance with law within two weeks from the date of receipt of a copy of this order. 4. Accordingly, this petition is disposed of Sd/- (HEMANT CHANDANGOUDAR) JUDGE AKV List No.: 1 Sl No.: 15 CT:SK