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2025 DAILYLAW 31319 (KAR)

SELVARAJ v. STATE OF KARNATAKA

WP/19889/2023 · 2025-02-12

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6887 WP No. 19889 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19889 OF 2023 (GM-RES) BETWEEN: SELVARAJ S/O. RAMAMURTHY. K, AGED ABOUT 43 YEARS, R/AT NO. 7, 1ST BLOCK, R BLOCK, RAJAJINAGAR, BENGALURU-560 010. …PETITIONER (BY SRI. MOHANKUMARA D.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. NOOR SADIYA D/O. REHAMAN SHARIF, AGED ABOUT 23 YEARS, R/AT NO. 22, 3RD CROSS, JAM JAM STORE, SULTHAN PALYA, R.T. NAGAR POST, BENGALURU-560 032. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER HEREIN / ACCUSED NO.1 INITIATED BY THE LEARNED I ACMM, BANGALORE IN CC.NO.19222/2023 FOR THE OFFENCES PUNISHABLE U/S 354(A) OF INDIAN PENAL CODE REGISTERED BY THE RESPONDENT HEBBAL POLICE IN CRIME NO.0076/2023 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6887 WP No. 19889 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a) Issue a Writ of Certiorari or any other appropriate writ or order seeking to quash the entire proceedings against the petitioner herein/accused No.1 initiated by the learned I A.C.M.M., Bangalore in C.C.No.19222/2023 for the offences punishable under Section 354(A) of Indian Penal Code registered by the Respondent Hebbal Police in Crime No.0076/2023 vide Annexure-C. b) Pass such other order or orders if it is deem fit under the facts and circumstances of the case in the interest of justice and equity. 2. After arguing the matter for some time, learned counsel for the petitioner submits that C.C.No.19222/2023 is pending and the present petition may be disposed of reserving liberty in favour of the petitioner to seek discharge/file application for discharge. 3. Under the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition reserving liberty in - 3 - NC: 2025:KHC:6887 WP No. 19889 of 2023 favour of the petitioner to seek discharge/file discharge application before the Trial Court. Accordingly, I pass the following: ORDER i) The petition is hereby disposed of. ii) Liberty is reserved in favour of the petitioner to seek discharge before the Trial Court by filing an application for discharge. If such an application is filed by the petitioner, Trial Court shall dispose of the same within a period of one month from the next date of hearing in accordance with law after providing sufficient and reasonable opportunity to both the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 104