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2025 DAILYLAW 75621 (KAR)

PRAKASH @ BALAJI @ KHAN v. STATE OF KARNATAKA

CRL.P/14177/2025 · 2025-10-24

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42227 CRL.P No. 14177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14177 OF 2025 BETWEEN: PRAKASH @ BALAJI @ KHAN S/O.SRI.RAMU AGED ABOUT 26 YEARS, R/AT.101, 4TH CROSS, I BHUVANESHVARI NAGAR UTTARAHALLI BENGALURU-560061. …PETITIONER (BY SRI. G M SHARATHKUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANDEPALYA PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU 2. STATE OF KARNATAKA BY CCB(OCW) (EAST) SQUAD PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001 3. SRIP SAI DINESH S/O P SRINIVAS RAO AGED ABOUT 31 YEARS, RESIDENT OF NO.330, S V NIVASA, NO.102, 7TH MAIN, ITI LAYOUT, BENGALURU-560068 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 AND R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42227 CRL.P No. 14177 of 2025 THIS CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO DIRECT THE LEARNED TRIAL COURT TO ENSURE EXPEDITIOUS AND TIME-BOUND DISPOSAL OF CC.NO.23742/2024 ARISING OUT OF CR.NO.132/2024 REGISTERED BY RESPONDENT NO.1 BANDEPALYA P.S., NOW TRANSFERRED TO CCB (OCW) EAST SQUAD P.S., BENGALURU, FOR THE OFFENCE P/U/S 380 OF IPC, PENDING ON THE FILE OF I ACJM, BENGALURU WITHIN A STIPULATED PERIOD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for the State / respondent No.1. 2. Petitioner is seeking to issue a direction for the expeditious and time bound disposal of the trial pending against him in C.C.No.23742/2024 on the file of I Addl. Chief Judicial Magistrate, Bangalore. 3. The first informant has reported to the police about the burglary that took place in his house and missing of gold ornaments etc. between 05.4.2024 and 28.4.2024. - 3 - HC-KAR NC: 2025:KHC:42227 CRL.P No. 14177 of 2025 4. Charge sheet is filed against the petitioner for the offence punishable under Sections 380 of IPC. 5. It is submitted by the learned counsel that as there are many cases registered against the petitioner, he is in judicial custody and therefore, the trial Court may be directed to conclude the trial within a specific period. 6. The Hon’ble Apex Court in High Court Bar Association, Allahabad v. State of U.P. & Ors. in Crl.A.No.3589/2023 dated 29.02.2024, has observed in para No.32, which is extracted here under: “32. Therefore, constitutional Courts should not normally fix a time-bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories of cases pending in every Court, including High Courts, is different. The situation at the grassroots level is better known to the judges of the concerned Courts. Therefore, the issue of giving out-of- turn priority to certain cases should be best left to the concerned Courts. The orders fixing the outer limit for the disposal of cases should be passed only in exceptional circumstances to meet extraordinary situations.” 7. Merely because there are other cases registered against the petitioner itself is not a ground to grant the - 4 - HC-KAR NC: 2025:KHC:42227 CRL.P No. 14177 of 2025 relief sought. Such directions will adversely affect the functioning of the trial Court and may be difficult to implement. Hence, this Court is not inclined to direct the trial Court to conduct the trial in a time bound manner. However, considering that the charge sheet is already filed, the learned Magistrate is directed to expedite the trial. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 66