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2025 DAILYLAW 3640 (KAR)

RAJU S/O RUDRAPPA NAIK v. THE STATE OF KARNATAKA

WP/101016/2025 · 2025-02-18

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3255 WP No. 101016 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101016 OF 2025 (GM-RES) BETWEEN: RAJU S/O. RUDRAPPA NAIK AGE. 51 YEARS, OCC. AGRICULTURE, R/O. H. NO. 40, PATIL GALLI, HOSA VANTAMURI, TALUKA. BELAGAVI, DISTRICT. BELAGAVI. …PETITIONER (BY SRI. SHRIPRASAD J.JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KAKATTI PS, BELAGAVI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. 2. KAMALAVVA W/O. LAGAMAPPA GADAKARI AGE. 41 YEARS, OCC. HOUSE WIFE, R/O. BASAVESHWARA GALLI, HOSA VANTAMURI, TALUKA. BELAGAVI, DISTRICT. BELAGAVI-591156. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED. 19/11/2024 IN S.C. 76/2024 FOR THE OFFENCES PUNISHABLE U/S. 109, 114, 117, 326, 353, 354, 355, 392, 427, 405, 506, 34, 37, 143, 147, 148, 341, 342, 327, 324, 323, 307, 452, 427, 354(B) AND 149 OF I.P.C. AND U/S 2 (A) OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT PENDING BEFORE THE X ADDITIONAL DISTRICT AND SESSIONS COURT, BELAGAVI VIDE ANNEXURE-B IN SO FAR AS REFUSING TO PROVIDE A COPY OF EXHIBITS 58(A) TO (G) TO THE PETITIONER AND OTHER ACCUSED PERSONS IS CONCERNED AND ETC. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:36 +0530 - 2 - NC: 2025:KHC-D:3255 WP No. 101016 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused is facing trial for offences punishable under Sections 143, 147, 148, 341, 342, 327, 324, 323, 307, 452, 427, 354(B), 109, 114, 117, 326, 353, 354, 355, 392, 504, 506, 34, 37, and 149 of the Indian Penal Code, and under Section 2(A) of the Prevention of Destruction and Loss of Property Act, and is before this Court seeking relief. 2. During the course of the prosecution’s evidence, documents marked as Ex.P.58(A) to (G), which form part of the charge sheet, were produced. The petitioner/accused requested that the trial Court furnish certified copies of these documents. However, the trial Court did not grant the request, stating that the petitioner may examine the documents at the time of cross- examination. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1. 4. Section 207 of the Cr.P.C. states that, in any case where proceedings have been instituted on the basis of a police report, the Magistrate shall, without delay and free of cost, furnish the accused with a copy of each document enumerated in the report, including any other documents or relevant extracts thereof that were forwarded to the Magistrate with the police report under Sub-section 5 of Section 173 of the Cr.P.C. - 3 - NC: 2025:KHC-D:3255 WP No. 101016 of 2025 5. Admittedly, the documents marked as Ex.P.58(A) to (G) form part of the charge sheet, and the trial Court was obligated to supply certified copies of these documents free of cost under Section 207 of the Cr.P.C. 6. Therefore, it is expedient to dispose of the petition by directing the learned X Additional District and Sessions Court, Belagavi, to supply certified copies of the documents marked as Ex.P.58(A) to (G) in S.C. No.76/2024 within one week from the date of receipt of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 81