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2025 DAILYLAW 67973 (KAR)

SRI. SMITH OLLUKARAN JOSEPH v. STATE OF KARNATAKA

CRL.P/11293/2025 · 2025-10-23

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41916 CRL.P No. 11293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11293 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. SMITH OLLUKARAN JOSEPH SON OF O.L. JOSEPH, AGED ABOUT 51 YEARS, RESIDING AT NO.44/1, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BANGALORE - 560 003. 2. SRI. JOHN O.J, SON OF O.L. JOSEPH, AGED ABOUT 44 YEARS, RESIDING AT NO.44/1, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BANGALORE - 560 003. …PETITIONERS (BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION REPRESENTED THROUGH SPP, HIGH COURT BUILDING, BANGALORE - 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41916 CRL.P No. 11293 of 2025 2. SRI. H. NAGESH, SON OF LATE HANUMANTHAIAH, AGED ABOUT 42 YEARS, RESIDING AT D. HOSAHALLI VILLAGE, HULLIYURU DRUGA HOBLI, TUMAKURU TALUK AND DISTRICT PIN CODE - 562 114 …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R-1) *** THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED IN C.C.NO.608/2015 ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, GOWRIBIDANUR FOR THE OFFENCES P/U/S. 406, 420, 120-B OF IPC IN CRIME NO.87/2014 OF FIRST RESPONDENT - GOWRIBIDANUR TOWN POLICE STATION, AS PER ANNEXURE- C, ETC. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are accused Nos.2 and 3 respectively in C.C.No.608/2015, which is pending before the Court of Principal Civil Judge and JMFC, Gowribidanur. - 3 - HC-KAR NC: 2025:KHC:41916 CRL.P No. 11293 of 2025 2. The above case arises out of an FIR registered against accused Nos.1 to 6, on a complaint lodged by one H. Nagesh/respondent No.2, for the offence punishable under Section 120B, 406, 419, 420, 468, 471, 474, 463, 464, read with 34 of IPC. 3. Charge sheet is filed against accused Nos.1 to 4, named in the FIR, for the offence punishable under Section 420, 406, 120B of IPC. Accused Nos.5 and 6 named in the FIR are shown as witnesses in the charge sheet. 4. The learned counsel for the petitioners would submit that he has sought to quash the entire proceedings initiated against the petitioners, however, he will restrict his prayer to seek direction to the Trial Court to dispose of the matter in a time bound manner. 5. It is contended by the learned counsel that the FIR was registered in the year 2014 and the matter is pending before the Trial Court since 2015. - 4 - HC-KAR NC: 2025:KHC:41916 CRL.P No. 11293 of 2025 6. Considering that the matter is pending before the Trial Court since 2015, the Trial Court is directed to dispose of the matter, as expeditiously as possible, as far as possible, within a period of six months from the date of receipt of a copy of this order, if the parties including the petitioners co-operate for the early disposal of the case. 7. With the above observation, the petition is disposed of. I.A. No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BMV* List No.: 1 Sl No.: 45