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2026 DAILYLAW 3502 (KAR)

PRASHANTH GUPTA @ JUNAID AHMED ALAM v. THE STATE OF KARNATAKA

CRL.P/5611/2026 · 2026-04-09

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19659 CRL.P No. 5611 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5611 OF 2026 BETWEEN: 1. PRASHANTH GUPTA @ JUNAID AHMED ALAM S/O MOHAMMED JABIR HUSSAIN, AGED ABOUT 37 YEARS, R/A NO.120, KORIYAN MOHALLA, MORADABAD DISTRICT, UTTAR PRADESH - 202 455. 2. MOHAMMED MUSHEER S/O MOHAMMED ASLAM, AGED ABOUT 36 YEARS, R/A NO.259, KATAHGAR MAQBRA, SABZI MANDI, MORADABAD DISTRICT, UTTAR PRADESH - 202 455. …PETITIONERS (BY SRI. BALAKRISHNA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HALASUR POLICE STATION, BENGALURU REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. M.G.SOMASHEKAR S/O GOPALAPPA, MAJOR IN AGE Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19659 CRL.P No. 5611 of 2026 R/AT NO.39, 16G STREET, JOGU PALYA, HALASURU, BENGALURU - 560 008. …RESPONDENTS (BY SMT.SOWMYA.R., HCGP FOR RESPONDENT NO.1) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 19.08.2025 IN C.C.NO.337/2018 PASSED BY THE HONBLE IV ADDL.CJM BENGALURU FOR THE ALLEGED OFFENCES P/U/S 406, 420, 120(B) R/W 34 OF IPC, ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question proclamation issued by the concerned Court. 2. The learned counsel for the petitioner submits that proclamation is issued without following the due procedure as obtaining under Section 82 of the Code of - 3 - HC-KAR NC: 2026:KHC:19659 CRL.P No. 5611 of 2026 Criminal Procedure, and therefore, a proclamation must be stayed. 3. The learned counsel further submits that the next date of listing of the case before the concerned Court is 25th of May, 2026. In that light, the proclamation in the teeth of it being contrary to law shall remain suspended, subject to the condition that the petitioner would appear before the concerned Court on 25th May, 2026. In the event, the petitioner would not appear, the proclamation would automatically get revived. 4. With the aforesaid observation, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE DH List No.: 2 Sl No.: 24