- 1 - NC: 2025:KHC:3658 CRL.P No. 12504 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. 12504 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR. BABULAL AGE 57 YEARS, S/O LATE RAVATH RAMJI, 2. MR. BHUNESH, AGE 26 YEARS, S/O BABULAL, 3. MRS. MUNIDEVI AGE 48 YEARS W/O KALURAM, P1 TO 3 ARE RESIDING AT NO.87, 4TH MAIN, CHANDANA LAYOUT, SUNKADAKATTE, BENGALURU CITY - 560091. …PETITIONERS (BY SRI. VICTOR MANOHARAN S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION, BENGALURU RURAL, REPRESENTED BY STATE PUBLIC PROSECUTORS, HIGH COURT OF KARNATAKA, BENGALURU - 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3658 CRL.P No. 12504 of 2024 2. MR M R CHOUDHARY AGED 60 YEARS, S/O MANGALARAM, RESIDING AT NO. 88/108, 4TH MAIN, CHANDANA LAYOUT, MAGADI MAIN ROAD, BENGALURU CITY - 560091. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO a) DIRECT THE 1st RESPONDENT TO APPOINT A SPECIAL ADDITIONAL PUBLIC PROSECUTOR IN CC.NO.5922/2018, PENDING ON THE FILE OF THE XXIV ACMM, BENGALURU AND TO EXPEDITE THE PROCEEDING. b) IN THE ALTERNATIVE QUASH THE CHARGE SHEET IN CC.NO.5922/2018 DTD 24.06.2017 FILED BY KAMAKSHIPALYA P.S., BENGALURU, PENDING ON THE FILE OF THE XXIV ACMM, BENGALURU, FOR AN OFFENCE P/U/S 324,427,504,506 R/W 34 OF IPC. 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 petitioners seek the following reliefs: "a) Direct the 1st respondent to appoint a Special Additional Public Prosecutor in CC No.5922 of 2018 pending on the file of the XXIV Addl. Chief Judicial Magistrate, Bengaluru and to expedite the proceeding. b) In the alternative Quash the charge Sheet in CC No.5922 of 2018 dated 24.06.2017 filed by Kamakshipalya Police Station, Bengaluru, pending on the file of the XXIV Addl. Chief Metropolitan Magistrate, Bengaluru, for an - 3 - NC: 2025:KHC:3658 CRL.P No. 12504 of 2024 offence punishable under section 324, 427, 504, 506 R/w 34 of the Indian Penal Code." 2. Heard learned counsels for the parties and perused the material on record. 3. Learned counsel for the petitioners submits that though the instant proceedings are pending from the year 2018, a Special Pubic Prosecutor has not been appointed even till today and as such, necessary directions may be issued in this regard. 4. In view of the aforesaid facts and circumstances, petition stands disposed of directing respondent No.1- State to appoint a Special Public Prosecutor for the purpose of prosecuting C.C.No.5922/2018 as well as C.C.No.5919/2018 within a period of one [1] month from the date of receipt of a copy of this order. It is further directed that the Special Public Prosecutor to be appointed by respondent No.1- State pursuant to the present order, shall co-operate with the trial Court for expeditious disposal of the proceedings. - 4 - NC: 2025:KHC:3658 CRL.P No. 12504 of 2024 Subject to the aforesaid directions and leaving open all contentions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB