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2025 DAILYLAW 29472 (KAR)

MR.L. NARAYANASWAMY v. SRI K SHRINIVASA

CRL.P/8577/2025 · 2025-07-01

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23454 CRL.P No. 8577 of 2025 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. 8577 OF 2025 BETWEEN: MR.L. NARAYANASWAMY, S/O LATE LINGAPPA, AGED ABOUT 59 YEARS, R/O HURALAGURKI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. …PETITIONER (BY SMT. URMILA PULLAT, ADVOCATE) AND: SRI. K. SHRINIVASA, S/O LATE N. KRISHNAPPA, AGED ABOUT 79 YEARS, R/O RAILWAY STATION, WARD NO.23, CHAMARAJAPET, CHIKBALLAPURA – 562 101. …RESPONDENT *** THIS CRL.P. IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C, PRAYING TO CALL FOR RECORDS IN C.C.NO.954/2022 BEFORE THE LEARNED HON'BLE II ADDL.SENIOR CIVIL JUDGE & JMFC, CHIKKABALLAPUR; ISSUE DIRECTIONS TO THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23454 CRL.P No. 8577 of 2025 LEARNED TRIAL COURT TO PERMIT THE COUNSEL OF THE PETITIONER IN C.C.NO.954/2022 BEFORE THE LEARNED HON'BLE II ADDL. SENIOR CIVIL JUDGE AND JMFC CHIKKABALLAPUR TO MARK THE ATTENDANCE RECORD OF THE PETITIONER AS A NECESSARY DOCUMENT IN RESPONDENT NO.2/PW-1'S CROSS; ISSUE SUCH OTHER ORDER OR RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE ENDS OF JUSTICE OR EQUITY. THIS CRL. 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 reliefs: " (i) Call for Records in C.C.No.954/2022 before the learned Hon'ble II Addl. Senior Civil Judge & JMFC, Chikkaballapur; (ii) Issue directions to the learned Trial Court to permit the counsel of the petitioner in C.C.No.954/2022 before the learned Hon'ble II Addl. Senior Civil Judge and JMFC Chikkaballapur to mark the attendance record of the petitioner as a - 3 - HC-KAR NC: 2025:KHC:23454 CRL.P No. 8577 of 2025 necessary document in respondent No.2/PW-1's cross; (iii) Issue such other order or relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the ends of justice or equity." 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to produce the document in question which was confronted to PW-1 in his cross-examination, in the defence evidence of the petitioner/accused and also recall PW-1 thereafter, if necessary. 3. His submission is placed on record. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to produce the defence evidence including the document confronted to PW-1, during the course of cross-examination conducted on 26.03.2025 and also reserving liberty in favour of the petitioner to recall PW-1 for further cross-examination, if the occasion so - 4 - HC-KAR NC: 2025:KHC:23454 CRL.P No. 8577 of 2025 arises and confront him with the said document after completion of the defence evidence. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. Subject to the aforesaid liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 7