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2025 DAILYLAW 46084 (KAR)

SRIKANTH K Y., v. STATE OF KARNATAKA

WP/2352/2025 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8004 WP No. 2352 of 2025 C/W WP No. 2060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2352 OF 2025 (GM-RES) C/W WRIT PETITION NO. 2060 OF 2025 (GM-RES) IN WP No. 2352/2025 BETWEEN: SRIKANTH K Y. @ KANTHARAJU S/O YELLAPPA AGED ABOUT 44 YEARS, RESIDING AT NO.72/15 10th MAIN ROAD, SHAKMBARINAGAR, SARAKKI , J P NAGAR 1st PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. RAGHU PRASAD B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME VIKAS SOUDHA, BENGALURU 560 001. BY SECRETARY. 2. SPECIAL POLICE STATION EXCISE AND LOTTERY PROHIBITION DEPARTMENT, MYSORE – 570 001. BY STATE. …RESPONDENTS (BY SRI. THEJESH.P, HCGP) THIS W.P IS FILED UNDER SECTION 528 OF BNSS PRAYING TO QUASH THE CHARGE SHEET TD 18.05.2011 FILED AT ANNX-A IN CC NO. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8004 WP No. 2352 of 2025 C/W WP No. 2060 of 2025 727/14 ON THE FILE OF JUDICIAL MAGISTRATE CLASS II MYSORE AND ETC. IN WP NO. 2060/2025 BETWEEN: SRIKANTH K Y S/O YELLAPPA AGED ABOUT 44 YEARS, RESIDING AT NO.72/15 10th MAIN ROAD, SHAKAMBARINAGAR, SARAKKI, J P NAGAR 1st PHASE, BENGALORE – 560 078. ...PETITIONER (BY SRI. RAGHU PRASAD B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, VIKASA SOUDHA, BENGALURU 560001 BY SECRETARY. 2. SPECIAL POLICE STATION EXCISE AND LOTTERY PROHIBITION DEPARTMENT MYSORE BY STATE 570 001. ...RESPONDENTS (BY SRI.THEJESH .P, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CHARGE SHEET FILED AT ANNX-A IN CC NO. 726/14 ON THE FILE OF JUDICIAL MAGISTRATE CLASS II MYSORE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8004 WP No. 2352 of 2025 C/W WP No. 2060 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.2352/2025, petitioner seeks for the following reliefs:- “ a) A writ in the nature of certiorari and quash the charge sheet at 18.05.2011 filed at ANNEXURE-A in CC No. 727/2014 on the file of the Judicial magistrate class II Mysore only with respect to petitioner. b) Or direct the Court below to complete the trial within 3 months. c) Such other writ or directions as this Court deems fit in the nature of the petition. d) Direct the respondents to pay cost of this petition.” In W.P.No.2060/2025, petitioner seeks for the following reliefs:- “ a) A writ in the nature of certiorari and quash the charge sheet at filed at ANNEXURE-A in CC No. 726/2014 on the file of the Judicial magistrate class II Mysore only with respect to petitioner. b) Or direct the Court below to complete the trial within 3 months. - 4 - NC: 2025:KHC:8004 WP No. 2352 of 2025 C/W WP No. 2060 of 2025 c) Such other writ or directions as this Court deems fit in the nature of the petition. d) Direct the respondents to pay cost of this petition.” 2. Heard learned counsel for the petitioners and learned HCGP for the respondents – State and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, I deem it just and appropriate to dispose of these petitions by directing the petitioners to urge all contentions before the Trial Court, who shall consider the same in accordance with law. Further, the Trial Court is directed to dispose of the matters as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order. All rival contentions between the parties are kept open and no opinion is expressed on the same. 4. Subject to the aforesaid directions, petitions stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.