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2026 DAILYLAW 3104 (KAR)

ASHIVINAIVAS A v. THE STATE OF KARNATAKA

CRL.P/1555/2024 · 2026-04-06

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18520 CRL.P No. 1555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1555 OF 2024 BETWEEN: ASHIVINAIVAS A S/O ASVATHAPPA, AGED ABOUT 28 YEARS, R/A 11TH WARD, NEAR WATER TANK BAGEPALLI, CHIKKABALLAPURA, KARNATAKA 561 207 GULUR …PETITIONER (BY SRI. RANGANATHA K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BAGEPALLI POLICE STATION, CHIKKABALLAPURA DISTRICT, REPRESENTED BY SPP 56001 2. THIMMARAYAPPA S/O LATE SADAPPA, AGED ABOUT 56 YEARS, WORKED AT R.I.I. IN M.S.I.L BAGEPALLI R/AT NO77-2, 4TH ROAD, MATADAHALLI VILLAGE, R T NAGAR - 560 032. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI MANJUNATH B.R., ADVOCATE FOR R2 ) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18520 CRL.P No. 1555 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE REGISTRATION OF THE FIR IN CR.NO.76/2013 (C.C.NO.381/2014) FOR THE OFFENCE P/U/S 1986 U/S 406,320,468 AND THE SAME IS PENDING ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C AT BAGEPALLI BY THE FIRST RESPONDENT AS ILLEGAL, ARBITRARY, DISCRIMINATORY AND WITHOUT APPLICATION IN MIND AGAINST THE PETITIONER WHICH IS THE PRODUCE AND MARKED AS ANNEXURE A AND B AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned Addl.SPP on instructions would submit that the subject petition is preferred in the year 2024 and charges have been framed in the year 2017 and the trial is at the fag end. Hence, the petition would not be entertainable at this juncture. 2. Learned counsel appearing for the petitioner seeks leave of the Court to withdraw the petition and avail of remedy. 3. In the light of the charges being framed, the entertainment of the petition will run foul of the judgment of - 3 - HC-KAR NC: 2026:KHC:18520 CRL.P No. 1555 of 2024 the Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR1. 4. Reserving liberty to the petitioners to avail of such remedy, as is available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE AV List No.: 2 Sl No.: 146 1 (1994) 4 SCC 142