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2025 DAILYLAW 31361 (KAR)

SRI. K. SHIVARAMA (SHIVARAMA KAANADKA) v. SMT NANDINI D

CRL.P/8845/2023 · 2025-01-25

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3349 CRL.P No. 8845 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8845 OF 2023 BETWEEN: 1. SRI K. SHIVARAMA (SHIVARAMA KAANADKA), S/O DERANNA GOWDA KANADKA, AGED ABOUT 73 YEARS. 2. SMT. MOHANANGI SHIVARAMA KAANADKA, W/O K SHIVARAMA, AGED ABOUT 64 YEARS. BOTH ARE R/A 'KAANADKA HOUSE', KUKKUJADKA POST, AMARAMUDNUR, SULLIA TALUK, DAKSHINA KANNADA-574 212. …PETITIONERS (BY SRI SHASHANK S, ADVOCATE) AND: SMT. NANDINI D, D/O K N DASAPPA SETTY, AGED ABOUT 36 YEARS, R/A NO.412, 6TH MAIN, 4TH 'D' CROSS, 2ND BLOCK, HRBR LAYOUT, KALYANNAGAR, BANGALORE EAST, BANGALORE-560 043. …RESPONDENT (BY SRI D PRABHAKAR, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC TO 1.QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.3/2023 PENDING ON THE FILE OF THE HON'BLE MMTC-1 BENGALURU (VIDE ANNEXURE A AND B) AS AGAINST THE PETITIONERS HEREIN Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3349 CRL.P No. 8845 of 2023 BY ALLOWING THIS PETITION. 2.SET ASIDE THE ORDER DATED 31.12.2022 (VIDE ANNEXURE-B) PASSED IN CRL.MISC.NO.3/2023 PENDING ON THE FILE OF THE HON'BLE MMTC-1 BENGALURU PURSUANT TO WHICH NOTICES DATED 27.01.2023 WERE ISSUED TO THE PETITIONERS ETC. 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, the petitioner seeks the following reliefs: "1. Quash the entire proceedings in Crl.Misc.No.3/2023 pending on the files of the Hon'ble Metropolitan Magistrate (Traffic Court-I), Bengaluru (vide Annexures 'A' and 'B') as against the Petitioners herein by allowing this petition; 2. Set aside the Order dated 31.12.2022 (vide Annexure 'B') passed in Crl.Misc.No.3/2023 pending on the files of the Hon'ble Metropolitan Magistrate (Traffic Court-I), Bengaluru pursuant to which Notices dated 27.01.2023 were issued to the Petiitoners; 3. Quash the Notices dated 27.01.2023 (vide Annexures 'K' and 'L') issued to the Petitioners in Crl.Misc.No.3/2023 pending on the files of the Hon'ble Metropolitan Magistrate (Traffic Court-I), Bengaluru; 4. Impose exemplary costs on the Respondent herein; and - 3 - NC: 2025:KHC:3349 CRL.P No. 8845 of 2023 5. Grant such other and further reliefs as this Hon'ble court deems fit and proper in the light of the facts and circumstances of the case and in interest of justice and equity." 2. After hearing the matter for sometime, learned counsel for petitioner seeks permission to withdraw the petition reserving liberty in favour of the petitioner to file objections to the main petition in Crl.Mis.3/2023 filed by the respondent against the petitioners and contest the same in accordance with law. 3. The petition stands disposed of reserving liberty in favour of the petitioners to file objections to the main petition as well as interlocutory application in Crl.Mis.3/2023 and also lead evidence and contest the proceeding in accordance with law. All rival contentions between the parties is kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE NP List No.: 1 Sl No.: 2