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2025 DAILYLAW 56003 (KAR)

K M ABDUL KHADAR v. STATE BY MANGALORE RURAL PS

CRL.P/9806/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26237 CRL.P No. 9806 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9806 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: K. M. ABDUL KHADAR, S/O MOHAMMED AGED ABOUT 62 YEARS R/AT 4-16, PATTADI HOUSE, BAJPE DK – 574 142 …PETITIONER (BY SRI. MUHAMMAD IRSHAD M. H., ADVOCATE) AND: 1. STATE BY MANGALORE RURAL PS REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 01. 2. ARJUN AGED ABOUT 35 YEARS S/O JAYARAJ R/AT DOOR NO. KG 100 NEAR NAGANAKTTE, KANNAGUDDA, ALAVE GRAMA, PADIL POST, MANAGLORE – 575 007 …RESPONDENTS (BY SRI. B. N. JAGADEESHA, ADDL. SPP A/W SRI. NAGESHWARAPPA K., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.2714/2025 PENDING FILED ON III JMFC COURT MANGALURU FOR THE FIRST RESPONDENT MANGALURU RURAL Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26237 CRL.P No. 9806 of 2025 P.S., ALLEGED OFFENCE U/S.143, 147, 148, 323, 324, 506, 149 OF IPC IN CRIME NO.103/2011. 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 After arguing the matter for some time, learned counsel for the petitioner submits that petition may be disposed of as withdrawn with liberty to urge all contentions including the contentions urged in the present petition before the Trial Court. 2. In addition thereto, it is submitted that the case against petitioner/accused No.2 as well as accused No.5 was split up and the petitioner and the said accused were continued to be prosecuted in Original C.C.No.3411/2021. Further, the Trial Court had directed to register the case as LPC and thereafter, was re-registered back as criminal case and the new case number bearing C.C.No.2714/2025 was assigned. It is further submitted that due to health grounds, petitioner is not in a position to appear before the Court and may be exempted from personal hearing. 3. In view of the aforesaid facts and circumstances and submissions made by learned counsel for the petitioner, I am of the - 3 - HC-KAR NC: 2025:KHC:26237 CRL.P No. 9806 of 2025 view that the petition may be disposed of directing the Trial Court to endeavour to conclude the proceedings within a period of six months from the date of receipt of copy of this order. Further, insofar as the petitioner/accused No.2 is concerned, the personal appearance is exempted except for the purpose of identification and recording of statement under Section 313 of Cr.P.C as and when the petitioner/accused No.2 is summoned by the Trial Court. 4. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 62