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2025 DAILYLAW 23807 (KAR)

RAKSHITH K @ NAGA v. THE STATE OF KARNATAKA

CRL.P/4007/2024 · 2025-07-01

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23526 CRL.P No. 4007 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4007 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: RAKSHITH K @ NAGA S/O KUMAR, AGED ABOUT 24 YEARS, R/AT NO.2863, 13TH MAIN, ‘E’ BLOCK, SUBRAMANYA NAGAR, RAJAJINAGAR 2ND STAGE, BENGALURU – 560 010. …PETITIONER (BY SRI. PRASAD B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, SUBRAMANYANAGAR POLICE STATION, MALLESHWARAM SUB-DIVISION, BENGALURU CITY REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU – 560 001. 2. CHANDRASHEKAR S/O PERUMAL G., AGED ABOUT 24 YEARS, R/AT NO.3898B, 8TH CROSS, NEW 4TH CROSS, GAYATHRI NAGAR, RAJAJINAGAR 2ND PHASE, BENGALURU – 560 010. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 IS SERVED AND UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23526 CRL.P No. 4007 of 2024 THIS CRL.P. IS FILED U/S.482 CR.P.C. PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.447/2024 (ARISING OUT OF CR.NO.118/2023) OF SUBRAMANYANAGAR P.S., FOR THE ALLEGED OFFENCE P/U/S 341, 323 OF IPC PENDING ON THE FILE OF THE HONBLE XXXIX A.C.M.M AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: “To allow the petition and quash the entire proceedings in C.C.No.447/2024(arising out of Crime No.118/2023) of Subramanyanagara Police Station for the alleged offences punishable under Sections 341, 323 of IPC, pending on the file of Hon’ble XXXIX Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented. 3. A perusal of the material on record comprising of FIR, complaint, charge sheet materials, statement of witnesses, documents, etc., do not disclose commission of offence and clearly indicate that there is no valid nor sufficient material available for - 3 - HC-KAR NC: 2025:KHC:23526 CRL.P No. 4007 of 2024 continuation of the aforesaid proceedings as against the petitioner. Under these circumstances, in order to secure the ends of justice, I deem it just and appropriate to exercise my jurisdiction under Section 482 Cr.P.C. r/w 528 BNSS and quash the impugned proceedings. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.447/2024 on the file of the XXXIX Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323 of IPC, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 13