- 1 - HC-KAR NC: 2025:KHC-D:9920 CRL.P No. 103013 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103013 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI CHANDRASHEKHAR S/O SHAMBANNA GALI, AGE. 43 YEARS, OCC. TAHASILDAR, HAGARIBOMMANAHALLI, R/O. AT POST. ARALESHWARA-581 104, TQ. HANAGAL, DIST. HAVERI. … PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: THE STATE OF KARNATAKA, REP BY POLICE SUB-INSPECTOR, HAVERI POLICE STATION, HAVERI, THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN CC NO.16/2020 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HAVERI (CEN CRIME POLICE STATION, HAVERI, IN CRIME NO.03/2020) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 419, 420, 211 R/W 34 OF IPC AND 66(D) OF INFORMATION AND TECHNOLOGY ACT, 2008 AS PER ANNEXURE-A AS AGAINST THE PRESENT PETITIONER/ACCUSED NO.1. AND DIRECT THE TRIAL COURT TO DISPOSE OF THE APPLICATION SEEKING DISCHARGE FILED UNDER SECTION 239 OF CR.P.C., AS PER ANNEXURE-E. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9920 CRL.P No. 103013 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in C.C.No.16 of 2020 pending before the Court of Principal Senior Civil Judge and C.J.M., Haveri arising out of Crime No.3 of 2020 registered by Haveri CEN Police Station, Haveri for offences punishable under Sections 409, 419, 420, 211 read with Section 34 of Indian Penal Code and Section 66(D) of the Information Technology Act, 2008, is before this Court in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking for the following reliefs: i. To quash the impugned criminal proceedings in CC No.16/2020 pending on the file of Principal Senior Civil Judge and CJM, Haveri (CEN Crime Police Station, Haveri in Crime No.3/2020) for the offences punishable under Sections 409, 419, 420, 211 read with Section 34 of IPC and Section 66(D) of the Information Technology Act, 2008 as per Annexure-A as against the present petitioner/accused No.1. OR IN THE ALTERNATIVE - 3 - HC-KAR NC: 2025:KHC-D:9920 CRL.P No. 103013 of 2025 ii. Direct the trial Court to dispose of the application seeking discharge filed under Section 239 of Cr.P.C. as per Annexure-E. iii. Any other order that deems fit to this Hon’ble Court. 2. Learned counsel for the petitioner submits that petitioner has filed an application under Section 239 of Cr.P.C. before the trial Court seeking discharge on 28.12.2022 and till date no orders have been passed on the said application. He submits that by issuing necessary direction to the trial Court to consider the said application expeditiously, this petition can be disposed off. 3. Learned HCGP fairly does not oppose the prayer made by learned counsel for the petitioner. 4. Submissions made on both sides are placed on record. 5. Material on record would go to show that petitioner who is arrayed as accused No.1 in C.C.No.16 of 2020 has filed an application under Section 239 of Cr.P.C. before the Trial Court seeking discharge. Though the - 4 - HC-KAR NC: 2025:KHC-D:9920 CRL.P No. 103013 of 2025 application is filed on 28.12.2022, till date the same is not disposed of. Under the circumstances, the following: ORDER i. Petition is allowed. ii. The trial Court is directed to dispose of the application filed by the petitioner seeking discharge under Section 239 of Cr.P.C., as expeditiously as possible, but not later than a period of 2 months from the date of receipt of certified copy of this order. iii. Pending applications, if any, stands disposed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 33