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2025 DAILYLAW 34906 (KAR)

SRI. RAJENDRA v. STATE BY CHITRADURGA TOWN POLICE

CRL.P/13178/2023 · 2025-01-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3654 CRL.P No. 13178 of 2023 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. 13178 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. RAJENDRA S/O LATE C.HARIS, AGED ABOUT 62 YEARS, R/AT NO.74/1, 2ND PARALLEL ROAD, NEAR HOTEL JEWEL ROCK, DURGI GUDI EXTENSION, SHIVAMOGGA-577201 …PETITIONER (BY SRI. BHASKAR BABU H. J., ADVOCATE) AND: 1. STATE BY CHITRADURGA TOWN POLICE, REP. BY POLICE SUB INSPECTOR, CHITRADURGA SUB-DIVISION, CHITRADURGA TALUK, CHITRADURGA DISTRICT, CHITRADURGA-577501 2. STATE BY HUMAN RIGHTS COMMISSION, DAVANAGERE, REP. BY K VIJAY, POLICE SUB INSPECTOR, HUMAN RIGHT COMMISSION, DAVANAGERE-577002 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE COMPLAINT DATED 21.09.2012 REGISTERED AS CRIME NO.271/2012 AND ALL THE ORDERS IN C.C.NO.1854/2014 AT PRESENT PENDING ON THE FILE OF Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3654 CRL.P No. 13178 of 2023 HON’BLE PRINCIPAL CIVIL AND JMFC COURT JUDGE AT CHITRADURGA, OR PASS SUCH OTHER ORDERS/S AS THIS HONBLE COURT DEEMS FIT AND PROPER IN FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner submits that the petitioner may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file a fresh petition urging all contentions seeking various reliefs, including challenging the order dated 10.05.2019 rejecting the discharge application filed by the petitioner and order dated 06.10.2023 passed by the II Additional District and Sessions Judge, Chitradurga, dismissing Crl.R.P.No.48/2023. 2. The said submission is placed on record. 3. The Writ Petition stands disposed of reserving liberty in favour of the petitioner to file a fresh petition challenging the challenging the order dated 10.05.2019 rejecting the discharge application filed by the petitioner and order dated 06.10.2023 passed by the II Additional District and Sessions Judge, - 3 - NC: 2025:KHC:3654 CRL.P No. 13178 of 2023 Chitradurga, dismissing Crl.R.P.No.48/2023. If such a fresh petition is filed within four weeks from today, the petitioner shall be entitled to the benefit of Section 14 of the Limitation Act. 4. Subject to the aforesaid observations and directions, the petition stands disposed of. 5. Registry is directed to return all the original / certified copies back to the petitioner forthwith so as to enable him to file a fresh petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 71