- 1 - HC-KAR NC: 2025:KHC:38802 CRL.P No. 12189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12189 OF 2025 BETWEEN: SYED MOHAMMED IRSHAD S/O SYED UMMER, AGED ABOUT 72 YEARS, R/O. 21-3-158/3, SHAD MANZIL, 1ST MAIN ROAD SUBHASH NAGAR, PANDESHWARA, MANGALORE, DAKSHINE KANNADA, KARNATAKA-575001. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY ULLAL P S REP. BY SPP, HIGH COURT BUILIDNG, BANGALORE-560001. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO A. SET ASIDE THE ORDER DATED 26.03.2024 PASSED BY THE TRIAL COURT ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE D.K.MANGALURU IN ANNEXURE-F. B. DIRECT THE RESPONDENT TO RELEASE THE PAYMENT OF RS.8,37,500/- WITH 18% INTEREST TO THE PETITIONER TO MEET. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38802 CRL.P No. 12189 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The order impugned in the present case has been passed under Section 452 of the Code of Criminal Procedure. Since an efficacious statutory remedy of appeal is available to the petitioner, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of the Code. 2. In view of the above, reserving liberty to the petitioner to avail the remedy of appeal, the petition is dismissed as not maintainable. 3. The Registry is directed to forthwith return all certified copies to the petitioner after retaining photocopies for the record. 4. It is further directed that if the petitioner files an appeal within a period of three weeks from the date of receipt of a certified copy of this order, the time spent in prosecuting the present proceedings shall stand excluded - 3 - HC-KAR NC: 2025:KHC:38802 CRL.P No. 12189 of 2025 by extending the benefit of Section 14 of the Limitation Act, 1963. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20