Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3655 CRL.P No. 11952 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11952 OF 2024 (482(Cr.PC) / 528(BNSS))
BETWEEN:
MANNAN KARIMULLA S/O. ABDUL KARIM AGED 48 YEARS, R/AT. CHANDOORU GAMAPAPURA POST, DANDISHIRA HOBLI, TURUVEKERE TALUK, TUMAKURU- 572215. …PETITIONER (BY SRI. KARUMBAIAH T.A., ADVOCATE)
AND:
1. STATE OF KARNATAKA NELAMANGALA TRAFFIC POLICE NELAMANGALA BANGALORE DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE -560001. 2. S NANDINI W/O. G. SARAVANA, AGED 35 YEARS, R/AT. NO.4, NANJUNDAPPA AGRAHARA COMPOUND, OPP M.M. HOSPITAL, KUNIGAL TOWN- 72130. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3655 CRL.P No. 11952 of 2024
TUMKUR DISTRICT …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1;
SRI. CHANDRASEKHAR RODNAVAR , ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4942/2020 WHICH IS PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA ON THE BASIS OF A FIR REGISTERED BY NELAMANGALA TRAFFIC POLICE IN CRIME NO.276/2020 FOR THE OFFENCE P/U/S 279 AND 304 (A) OF IPC AND SECTION 187 AND 196 OF INDIAN MOTOR VEHICLES ACT 1988. 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 relief:
"Quash the entire proceedings in C.C.No.4942/2020 which is pending on the file of the II Additional Civil Judge and JMFC, Nelamangala on the basis of a FIR registered by Nelamangala Traffic Police in Crime No.276/2020 for the offence punishable under Section 279 and 304(A) of IP and Section 187 and 196 of Indian Motor Vehicles Act 1988."
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NC: 2025:KHC:3655 CRL.P No. 11952 of 2024
2. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to file appropriate discharge application/seek discharge in C.C.No.4942/2020 pending before the learned II Additional Civil Judge and JMFC, Nelamangala [for short, 'the trial Court'], who may be directed to consider the request/application of the petitioner for discharge in accordance with law by leaving open all contentions. 3. The submission is placed on record. 4.
Though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to make a request/application seeking discharge, who shall consider the same and pass appropriate orders on such request/application to be filed by the petitioner in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. - 4 -
NC: 2025:KHC:3655 CRL.P No. 11952 of 2024
Subject to the aforesaid directions and liberty reserved in favour of the petitioner, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB