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2026 DAILYLAW 39225 (KAR)

SRI. S KAMAKOTTI v. SRI. J SARFARAZ NAWAZ

CRL.P/2532/2020 · 2026-09-10

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010551932019 NC: 2026:KHC:49402 CRL.P No. 2532 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.2532 OF 2020 BETWEEN: SRI S KAMAKOTTI S/O MR. V SANKARAN, AGED ABOUT 53 YEARS R/AT NO.1/49, II MAIN ROAD M M AVENUE, KANCHIPURAM-631501 PRESENTLY AT NO.169/A GOWRI SALAI, INDIRANAGAR KANCHIPURAM-561502 TAMILNADU DIST. …PETITIONER (BY SRI. RAMESHA C N, ADVOCATE [ABSENT]) AND: SRI. J SARFARAZ NAWAZ S/O IIYAS AGED ABOUT 40 YEARS MAIMUNA SINGH BASTHPADAPPU VILLAH MANGALORE-575001 …RESPONDENT THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 30.09.2019 ON APPLICATION Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010551932019 NC: 2026:KHC:49402 CRL.P No. 2532 of 2020 FILED U/S.254(2) OF CR.P.C IN C.C.NO.643/2016 ON THE FILE OF THE V JUDICIAL MAGISTRATE FIRST CLASS, MANGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is called twice i.e., in the morning session as well as in the afternoon session and there is no representation on behalf o the petitioner. 2. This matter is of the year 2020. Even though after lapse of six years, the counsel for the petitioner is not pursuing the matter diligently. 3. The relief is sought in the petition is to set aside the order dated 30.09.2019 on application filed under Section 254(2) of Cr.P.C in C.C.No.643/2016 on the file of the V JMFC, Mangalore. The Trial Court while passing the order on the application filed under Section 254(2) of Cr.P.C held that inspite of leading the evidence, accused has filed the list of witnesses but the said witnesses are not necessary in the case on hand and rejected the said application. Having perused the order of - 3 - HC-KAR CNR: KAHC010551932019 NC: 2026:KHC:49402 CRL.P No. 2532 of 2020 the Trial Court, it discloses that it is not a fit case to exercise the powers under Section 482 of Cr.P.C since the counsel for the petitioner has not made out any grounds to entertain this petition even after lapse of six years. Accordingly, the petition is dismissed. 4. In view of dismissal of the main petition, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN