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2025 DAILYLAW 24783 (KAR)

SRI Y D BALAKRISHNA v. THE STATE OF KARNATAKA

CRL.P/6245/2025 · 2025-06-23

S R Krishna Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22075 CRL.P No. 6245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.6245 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI Y D BALAKRISHNA S/O YAJAMAN DASAPPA AGED ABOUT 65 YEARS NO.9/1, RAMAYYA LANE, JUMMA MASJID ROAD, AVENUE ROAD CROSS, BENGALURU – 560 053. …PETITIONER (BY SRI. AMSHUMAN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SECRETARY OF HOME DEPARTMENT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU – 560 001. 2. THE COMMISSIONER OF POLICE BENGALURU NO.1, INFANTRY ROAD, BENGALURU 560 001. 3. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU WEST, NO 13, TANK BUND RD, UPPARPETE, CHICKPET, BENGALURU – 560 053. 4. THE SHO, UPPARPETE PS UPPARPET POLICE STATION, LTP ROAD, MAJESTIC, BENGALURU – 560 009. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMMUNICATION NOTICES DATED 27.01.2025 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22075 CRL.P No. 6245 of 2025 AND 18.12.2024 AT ANNEXURE A1 AND A2 DISPATCHED BY RESPONDENT NO.4 UPPARPETE PS, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, 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 reliefs: “(a) Quash the Communication Notices dated 27.01.2025 and 18.12.2024 at Annexure-A1 & Annexure-A2 dispatched by Respondent No.4, Uppartepe PS, Bengaluru. (b) and grant any further orders as this Hon’ble Court deems fit in the light of the facts and circumstances of the case in the interests of Justice.” 2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondents and perused the material on record. 3. Learned Addl. SPP on instructions submits that subsequent to the issuance of the impugned Communication Notices at Annexures – A1 and A2 dated 27.01.2025 and 18.12.2024, respectively, the respondents have registered FIR in Crime No.109/2025 by arraigning the petitioner as accused No.1 and as such, the question of proceeding further against the - 3 - HC-KAR NC: 2025:KHC:22075 CRL.P No. 6245 of 2025 petitioner pursuant to the impugned Communication Notices would not arise. 4. The said submission is placed on record. 5. In the facts and circumstances of the instant case by recording the submission of the learned Addl. SPP that in view of registration of FIR in Crime No.109/2025 against the petitioner for the offences punishable under Sections 466, 420, 471 and 468 IPC, the respondents would not proceed further against the petitioner pursuant to the impugned Communication Notices, petition stands disposed of reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court subsequently, if occasion so arise. 6. Subject to the aforesaid observations, directions and liberty reserved in favour of the petitioner, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 29