- 1 - NC: 2025:KHC-K:450 CRL.P No. 200077 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200077 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI KASHINATH GUMME S/O LATE SHIVARAJ GUMME AGED ABOUT 57 YEARS, OCC: PRIVATE ENGINEERING, R/AT. G-1, VISHWAS APARTMENT, 28, V G LAYOUT, ANANDNAGAR, HEBBAL, BENGALURU - 560024 …PETITIONER (BY SRI GOURISH S. KHASHAMPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY DHANNURA POLICE BHALKI TALUK, BIDAR DISTRICT REP. BY ADDL. S.P.P HIGH COURT OF KARNATAKA AT KALABURAGI–585107. 2. SRI RAMESHWARA REVENUE INSPECTOR HALBARGA TALUK, BHALKI, BIDAR DISTRICT KARNATAKA STATE …RESPONDENTS (BY SMT. MAYA T.R., HCGP FOR R1) Digitally signed by SHILPA R TENIHALLI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:450 CRL.P No. 200077 of 2025 THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO A) TO QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN CC NO. 1396/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTION 379 OF IPC AND UNDER SECTION 44, 3(1) OF KMMCR ACT 1994, AND SECTION 4(1), 4(1A), 21 M.M.R.D. 1957 ACT, ON THE FILE OF THE CIVIL JUDGE JMFC AT BHALKI, BIDAR DISTRICT, VIDE AT ANNEXURE-A SO FAR AS CONCERNED TO THIS PETITIONER, ARISING OUT OF CRIME NO. 236/2015 DHANNUR Police Station. B) TO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEMS FIT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court with a prayer to quash the entire proceeding in C.C.No.1396/2021 pending before the Civil Judge and JMFC Court, at Bhalki, Bidar district, under Sections 44, 3(1) of Karnataka Minor Mineral Consistent Rule, 1994, and Sections 4(1), 4(1A), 21 of Mines and Minerals (Regulation and Development) Act, 1957, arising out of Crime No.236/2015, registered by Dhannura Police Station, Bidar. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. - 3 - NC: 2025:KHC-K:450 CRL.P No. 200077 of 2025 3. Learned counsel for the petitioner submits that, an application on behalf of the petitioner under Section 227 of Cr.P.C., was filed on 16.02.2023 before the trial Court seeking his discharge. The State has filed objections to the said application on 26.10.2023. He submits that, the application is pending for consideration and no order has been passed on the same. He submits that, the petitioner is a Software Engineer working in Bengaluru and it is causing him serious hardship to appear before the trial Court on every date of hearing. 4. Perusal of the material on record would go to show that, the petitioner has already filed application under Section 227 of Cr.P.C., before the trial Court seeking his discharge. The said application was filed on behalf of the petitioner before the trial Court on 16.02.2023. The State has filed objections to the said application on 26.10.2023. The order sheet of the trial Court would go to show that, though the application is pending for the last nearly two years, no orders has been passed on the said application till date. It is rather unfortunate to note that, the application filed seeking discharge by an accused is kept pending by the trial Court for years together without passing any orders. Considering the aforesaid, this petition is disposed - 4 - NC: 2025:KHC-K:450 CRL.P No. 200077 of 2025 of with a direction to the trial Court to consider the application filed by the petitioner under Section 227 of Cr.P.C., on its merits and dispose of the same within a period of one month from the date of receipt of copy of this order. 5. In the meanwhile, if the petitioner makes any application seeking exemption of his appearance before the trial Court, the same shall be considered sympathetically. 6. Accordingly, the petition is disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE DHA,SVH List No.: 1 Sl No.: 18 CT:PK