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2025 DAILYLAW 8292 (KAR)

AMARTHYASEN M H S/O MAHESHIAH R HIREMATHAD v. THE STATE OF KARNATAKA

CRL.P/103745/2024 · 2025-02-21

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:3597 CRL.P No. 103745 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103745 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: AMARTHYASEN M H S/O. MAHESHIAH R. HIREMATHAD, AGE. 25 YEARS, OCC. STUDENT, R/O. BASPUR, TALUK. HAVERI, DIST. HAVERI-581108. …PETITIONER (BY SRI. AMARTHYASEN M.H., PARTY IN PERSON) AND: 1. THE STATE OF KARNATAKA BY PSI RANEBENNUR RURAL P.S., TQ. RANEBENNUR, DIST. HAVERI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD-580011. 2. YALLAPPA S/O. BASAPPA AGE. 30 YEARS, OCC. DRIVER, R/O. HALEHONNATI, TQ. RANEBENNUR, DIST. HAVERI-581108. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ORDER OF COGNIZANCE DATED 28.07.2021 IN CC NO. 940/2021 IN CONNECTION WITH RANEBENNUR P.S. CRIME NO. 0142/2020 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC RANEBENNUR FOR THE OFFENCES P/U/SEC. 279, 337, 338 OF IPC AND QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER/ACCUSED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:34 +0530 - 2 - NC: 2025:KHC-D:3597 CRL.P No. 103745 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 279, 337, and 338 of the Indian Penal Code, 1860, has approached this Court seeking relief. 2. The prosecution alleges that the petitioner’s rash and negligent driving resulted in an accident causing injuries. The trial court took cognizance of the aforesaid offences on 28.07.2024. 3. The petitioner’s grievance is that the complainant and other charge-sheet witnesses have failed to appear before the trial court, thereby protracting the proceedings. Further, due to the pendency of the criminal case, the petitioner’s request for the issuance of a passport has been kept on hold. 4. In the circumstances, it is just and necessary to direct the Principal Senior Civil Judge and JMFC, Ranebennur, to expedite the trial in C.C. No. 940/2021 and conclude the same within four months from the next date of hearing. 5. Accordingly, the petition stands disposed of with the above direction. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 34