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2025 DAILYLAW 35068 (KAR)

SRI LUAL DANIEL JUSTIN BOULO v. STATE BY CYBER

CRL.P/12769/2024 · 2025-06-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22288 CRL.P No. 12769 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12769 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI LUAL DANIEL JUSTIN BOULO AGED ABOUT 24 YEARS, S/O DANIEL JUSTIN BOULO, R/AT NARAYANAPPA BUILDING, D. NO. 106, 3RD FLOOR, JUNJURPALAYA, VARTHUR, BENGALURU – 560 087, PERMANENTLY R/AT JUBA, REPUBLIC OF SOUTH SUDAN – 767 025. (NOW IN CUSTODY) …PETITIONER (BY SMT. SARASWATHI N., ADVOCATE) AND: 1. STATE BY CYBER ECONOMIC AND NARCOTICS CRIME POLICE STATION MANGALORE DAKSHINA KANNADA – 575 001 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. PRADEEP T R POLICE SUB-INSPECTOR, CITY CRIME BUREAU, MANGALORE CITY – 575 001 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22288 CRL.P No. 12769 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN SPL.C.C.NO.1/2023 PENDING BEFORE THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE D.K MANGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 21, 21(c), 27(b) OF NDPS ACT AND ALLOW THE PETITIONER TO TRAVEL BACK TO HIS COUNTRY. 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: “WHEREFORE, it is humbly prayed that this Hon’ble Court may be pleased to quash the proceedings in Special C.C.No.1/2023 pending before the Court of Principal and District and Sessions Judge, Dakshina Kannada, Mangaluru for the alleged offences punishable under Section 21, 21(c), 27(b) of the NDPS Act and allow the petitioner to travel back to his country in the interest of justice.” 2. Heard learned counsel for the petitioner and learned SPP for the respondents and perused the material on record. 3. Learned counsel for the petitioner submits that since the charge sheet has already been filed and the charge has been framed and the matter is posted for evidence before the Trial Court, the present petition may be disposed of directing the Trial Court to dispose of the proceedings as expeditiously as possible, within a stipulated timeframe. The petitioner in this petition is accused No.1 - 3 - HC-KAR NC: 2025:KHC:22288 CRL.P No. 12769 of 2024 and in the event the remaining accused persons do not co-operate for the disposal of the proceedings, the Trial Court may be directed to split up the case qua the petitioner and dispose of the proceedings qua the petitioner only. 4. The said submission is placed on record. 5. The petition is disposed of directing the Trial Court to dispose of the proceedings within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the Trial Court for expeditious disposal of the proceedings. It is made clear that in the event the remaining co- accused do not co-operate with the Trial Court, the Trial Court shall split-up the case and proceed only against the petitioner and dispose of the proceedings within a period of three months from the date of receipt of a copy of this order. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 5