- 1 - HC-KAR NC: 2025:KHC:19102 CRL.P No. 7542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7542 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI NIYAS N. P., S/O ABOOTTY AGED ABOUT 50 YEARS, BEEVI MANZIL, KETTINAKAM MUZHAPPILANGADU KANNUR DISTRICT KERALA STATE. …PETITIONER (BY SRI. VASUDEVAN C., ADVOCATE) AND: 1. ST. REP. BY MADIKERI RURAL P S, MADIKERI DIVISION, MADIKERI, KODAGU DIST. 2. THE HON’BLE ADDL. CIVIL JUDGE & JMFC, MADIKERI, KODAGU DIST. ALL ARE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU – 560 001. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; VIDE ORDER DATED 05.06.2025 R-2 IS DELETED) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH / SET ASIDE THE PROCEEDINGS IN C.C.NO.1074/2009 ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE AND JMFC, MADIKERI, KODAGU DISTRICT, UNDER Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19102 CRL.P No. 7542 of 2025 SECTION 11, 13, 14, 38(A), 43(A) R/W SEC. 32, 34 OF K.E. ACT, AGAINST THE PETITIONER / ACCUSED NO.4. 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. Pleased to call for record in C.C.No.1074/2009 on the file of the learned Addl. Civil Judge & J.M.F.C., Madikeri, Kodagu Dt. b. To quash / set aside the proceedings in C.C.No.1074/2009 on the file of the learned Addl. Civil Judge and J.M.F.C., Madikeri, Kodagu District under Section 11, 13, 14, 38(a), 43(A), R/W Sec. 32, 34 of KE Act, against the Petitioner/Accused No.4. c. and grant such other equitable relief deemed fit and proper in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that since the Trial Court has issued NBW as well as attachment warrant as against the petitioner-accused No.4 vide order dated 23.08.2024, the petitioner would approach the Trial Court and file appropriate application seeking recalling of - 3 - HC-KAR NC: 2025:KHC:19102 CRL.P No. 7542 of 2025 the said order, which may be kept in abeyance till the Trial Court disposed of such application, in accordance with law. 4. The said submission is placed on record. 5. The petition stands disposed of directing the petitioner to file an application seeking recalling of the NBW and attachment warrant dated 23.08.2024, within a period of four weeks from today. If such an application is filed by the petitioner as stated supra, the Trial Court shall consider the same and pass appropriate order, in accordance with law. It is further directed that till the Trial Court passes appropriate orders on the application to be filed by the petitioner, the impugned order dated 23.08.2024 as well as the arrest warrant and attachment warrant passed/issued by the Trial Court shall remain in abeyance. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 97