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2025 DAILYLAW 31527 (KAR)

SRI AJAZ v. STATE OF KARNATAKA

CRL.P/8721/2024 · 2025-06-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19816 CRL.P No. 8721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8721 OF 2024 BETWEEN: 1. SRI. AJAZ, S/O SRI. SARDHAR, AGED ABOUT 35 YEARS, R/O D NO. 253, 11TH CROSS, B BLOCK, NEW LINGARAJAPURA, BENGALURU - 560 084. 2. SRI. JOHN S/O SRI. JAMES, AGED ABOUT 37 YEARS, R/O C/O THASIR HOUSE, KAMMANAHALLI, NEW LINGARAJAPURA, BENGALURU - 560 084. 3. SRI. EDWIN S/O SRI. PALARAJ, AGED ABOUT 33 YEARS, R/O D NO. 175, 4TH CROSS, II MAIN ROAD, NEW LINGARAJAPURA, BENGALURU - 560 084. 4. SRI. MAHAMAD ZUBER S/O SRI. ABDUL RASID, AGED ABOUT 37 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19816 CRL.P No. 8721 of 2024 R/O D. NO. 32, MARIYAMMA KOIL STREET, NEELASANDRA, BENGALURU - 560 047. 5. SRI. ARAVIND KUMAR S, S/O LATE SRI. SUBRAMANI, AGED ABOUT 35 YEARS, R/O D.NO. 120, HENRIS 2ND LANE, KORAMANDALA POST, K.G.F - 563 118. …PETITIONERS (BY SRI. VEERAYYA HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA, RMC YARD POLICE STATION, BENGALURU. REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. RAGHUPRASAD N, POLICE SUB INSPECTOR, R.M.C YARD POLICE STATION, R.M.C YARD, BENGALURU - 560 022. …RESPONDENTS (BY SRI. B.N. JAGADISH, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 01.08.2017 IN CR.NO.206/2017 ON THE FILE OF 31ST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU AND ON - 3 - HC-KAR NC: 2025:KHC:19816 CRL.P No. 8721 of 2024 THE FILE OF RMC YARD POLICE, FOR THE OFFENCE P/U/S 9, 11, 39, 40, 44, 48(A), 49(B)(C), 50, 51 OF WILD LIFE PROTECTION ACT, SEC.379 OF IPC, IN SO FAR AS IT RELATES TO THE PETITIONERS (ACCUSED NO. 1 TO 5). THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Shri B. N. Jagadish, learned Additional Special Public Prosecutor on instructions from Smt. Apoorva S.K., Investigating Officer, who is present before the Court would submit that the charge sheet is filed and is being scrutinized before the concerned Court and would be numbered once the objections so raised are cleared. 2. The submission is placed on record and the presence of Smt. Apoorva S.K., Investigating Officer is noticed. 3. The subject petition was entertained only on the score of divergence of reason as to why the charge sheet was not filed despite passage of seven years. - 4 - HC-KAR NC: 2025:KHC:19816 CRL.P No. 8721 of 2024 4. The learned Additional Special Public Prosecutor has filed an affidavit of the Investigating Officer as to why it could not be filed. The reason was found plausible and therefore, in the light of the aforesaid circumstance of the charge sheet being presented before the concerned Court, I deem it appropriate to dispose the petition reserving liberty to the petitioners to avail of such remedy, as is available in law once the charge sheet is filed before the concerned Court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 91 CT: BHK