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2025 DAILYLAW 63398 (KAR)

IMAM v. THE STATE OF KARNATAKA

CRL.P/201510/2025 · 2025-11-20

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:7063 CRL.P No. 201510 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.201510 OF 2025 BETWEEN: IMAM S/O SIKANDAR NADAF AGE 34 YEARS OCC : STUDENT, R/O MOTOLI VILLAGE, TQ: AFZALPUR KALABURAGI -585101 (ACCUSED NO.14 AS PER CHARGE SHEET) …PETITIONER (BY SRI MAHANTESH DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ASHOK NAGAR PS, KALABURAGI REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA KALABURAGI -585103 2. MOHAMMAD RABBANI S/O SHAHABODDIN MUJAWAR AGE 30 YEARS, OCC: AGRICULTURE, R/O NICHIGALLI, AFZALPUR, KALABURAGI, DIST KALABURAGI. …RESPONDENTS (BY SRI SHAHBUDDIN, HIGH COURT GOVERNMENT PLEADER FOR STATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7063 CRL.P No. 201510 of 2025 THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS (NEW), UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE(OLD), PRAYING TO DIRECT THE LEARNED V ADDL. CIVIL JUDGE AND JMFC, KALABURAGI, TO EXPEDITE AND CONCLUDE THE TRIAL IN CC NO.3225/2018 WITHIN A FIXED TIME FRAME AS DEEMED FIT BY THIS HONOURABLE COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Explanation received from the learned Trial Judge. In the explanation, learned Trial Judge has submitted that there was no intimation to the Trial Court about the directions of this Court and therefore, matter could not be disposed of earlier. 2. However, learned Trial Judge has sought for extension of one year time which is highly impermissible in a criminal trial. 3. Taking note of the fact that the Officer took charge on 03.10.2024, it is the duty of the learned Trial Judge to peruse the entire case papers and also directions of this Court which according to the petitioner has been brought to the notice of the learned Judge by filing a memo. - 3 - HC-KAR NC: 2025:KHC-K:7063 CRL.P No. 201510 of 2025 4. More over, direction would have received from the Registry as well. 5. Therefore, though explanation is not per se acceptable giving benefit to the learned Trial Judge, the explanation is accepted and time is extended till 30th April 2026 to conclude the trial by holding the trial day by day. 6. Needless to emphasis that prosecution and accused shall co-operate with the learned Trial Judge to dispose of the matter within the time frame. In view of the above, Criminal Petition is disposed of. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 19 Sl No.: 1