- 1 - HC-KAR NC: 2025:KHC:31797 CRL.P No. 10002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10002 OF 2025 BETWEEN: H. VISHWANATHA, S/O LATE VENKATANARANAPPA AGED ABOUT 71 YEARS, R/AT NO.730, 6TH CROSS, KEMPEGOWDA HBCS LAYOUT, 3RD BLOCK, 3RD PHASE, BANASHANKARI III STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. JEEVAN K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE MADIVALA P S., BENGALURU. REPRESENTED BY SPP, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SRI. CHANDRASHEKAR @ SHEKAR POORNA S/O GUNDANNA, AGED ABOUT 70 YEARS, R/AT 103, 1ST BLOCK, JANAPRIYA LAKEVIEW APARTMENT, KODICHIKKANAHALLI, BENGALURU - 560 076. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; VIDE ORDER DATED 18.08.2025 NOTICE TO R2 DISPENSED WITH) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31797 CRL.P No. 10002 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNNS) PRAYING TO ISSUE A DIRECTION TO THE III ACJM COURT BENGALURU TO CONCLUDE THE PROCEEDINGS IN CC NO.15923/2017 ACCORDANCE WITH LAW, WITHIN AN OUTER LIMIT OF SIX MONTHS FROM THE DATE OF RECEIPT OF THE ORDER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner – accused No.3 has filed this captioned petition seeking direction against the Trial Court to conclude the proceedings within an outer limit of six months from the date of receipt of order copy. 2. The petitioner – accused No.3 contends that, pursuant to a complaint lodged by one Chandrashekhar V on 31.01.2015, the jurisdictional Police registered an FIR in Crime No.2408/2015 for offences punishable under Sections 166, 218, 471, 420, 468 and 467 of IPC. The Investigating Officer, after completing investigation, has filed a charge sheet and charges have been framed against the petitioner. - 3 - HC-KAR NC: 2025:KHC:31797 CRL.P No. 10002 of 2025 3. The grievance of the petitioner is that though charges have been framed, the prosecution has not yet examined the official witnesses, while the complainant has already been examined. The records disclose that the alleged crime dates back to 2015, the charge sheet was filed on 09.06.2017 and as on date, nearly eight years have lapsed. 4. The records further indicate that charges were framed only on 17.02.2024. Once the criminal law is set in motion at the instance of the complainant, it is incumbent on the prosecution to take the proceedings to their logical conclusion by examining the witnesses cited in the charge sheet. A criminal trial cannot be permitted to drag on endlessly, particularly in cases involving allegations under Sections 406 and 420 of IPC. Compelling the accused to attend Court on each hearing, without meaningful progress in trial, causes undue prejudice and hardship. The delay in concluding trial, despite the filing of charge sheet in 2017, prima-facie indicates lack of diligence on - 4 - HC-KAR NC: 2025:KHC:31797 CRL.P No. 10002 of 2025 the part of the prosecution, which, if permitted to continue, would amount to abuse of the process of law. 5. In the circumstances, this Court is of the opinion that a direction is required to be issued to the learned Magistrate to ensure that the prosecution proceeds with expedition, secures the presence of material witnesses, and brings the trial to a logical conclusion at the earliest. 6. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The petition is allowed. (ii) The III A.C.J.M Court, Bengaluru is hereby directed to conclude the proceedings pending in C.C.No.15923/2017 within a period of eight months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 35