Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3095 CRL.P No. 17076 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 17076 OF 2025
BETWEEN:
SRI. H.C. PRAKASH S/O LATE CHOWDAIAH, AGED ABOUT 75 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT NO.2293, 6TH BLOCK, SIR M VISHVESWARAIAH LAYOUT, ULLAL UPANAGAR POST, BENGALURU-560 110. …PETITIONER
(BY SRI. AMRUTHESH C., ADVOCATE)
AND:
1.
SRI. M. BORAIAH S/O LATE BANGI BOREGOWDA, AGED ABOUT 71 YEARS,
2.
SMT. V. LAKSHMI W/O M. BORAIAH, AGED ABOUT 62 YEARS,
BOTH ARE RESIDING AT NO.479, 7TH MAIN ROAD, 3RD 'A' CROSS, BANASHANKARI II STAGE, BENGALURU-560 085. …RESPONDENTS
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:3095 CRL.P No. 17076 of 2025
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE LEARNED LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-66, BENGALURU TO DISPOSE OFF I.A. NO.1 FILED UNDER SECTION 391 OF CR.P.C R/W SECTION 73 OF THE INDIAN EVIDENCE ACT AND I.A. NO.2 FILED UNDER SECTION 91 OF CR.P.C IN CRL.A.NO.1508/2023 AS EXPEDITIOUSLY AS POSSIBLE IN A TIME BOUND MANNER.
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 seeking the following prayer:
“i. Pass an order directing the learned LXV Additional City Civil and Sessions Judge, CCH-66, Bengaluru to dispose off I.A. No.1 filed under Section 391 of Cr.P.C R/w Section 73 of the Indian Evidence Act and I.A. No.2 filed under Section 91 of Cr.P.C in Crl.A.No.1508/2023 as expeditiously as possible in a time bound manner; ii. Pass such other order, orders or relief/s as this Hon'ble Court deems fit and necessary under the
facts and circumstances of the case, in the interest of justice and equity.”
2. The petitioner is the complainant. The respondents are accused who gets acquitted of the offence in CC No.10004/2017 in terms of an order of the concerned Court dated 21.09.2023. Against the said order of acquittal,
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HC-KAR NC: 2026:KHC:3095 CRL.P No. 17076 of 2025
the petitioner/complainant prefers an appeal in Crl.A No.1508/2023. The issue in the lis does not pertain to the merit of the matter. The petitioner files an application under Section 391 of the Cr.P.C seeking certain documents and reference of certain documents for the handwriting expert. This application is kept pending despite about 10 adjourments being granted. Therefore, the petitioner is before this Court seeking the aforesaid direction.
3. In the light of the prayer being innocuous, and is only to disposal of an application which is kept pending for the last 18 months, I deem it appropriate to direct the concerned Appellate Court to dispose the applications – I.A.Nos. I and II filed under Sections 391 of Cr.P.C., R/w 73 of the Indian Evidence Act, and Section 91 of Cr.P.C., respectively, within an outer limit of six (6) weeks from the date of receipt of a copy of this order, in accordance with law, if not earlier.
Page No.03 is retyped and replaced vide chamber order dated 03.02.2026
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HC-KAR NC: 2026:KHC:3095 CRL.P No. 17076 of 2025
With the aforesaid direction, the criminal petition is allowed.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
HB List No.: 1 Sl No.: 44 Page No.04 is inserted vide chamber order dated 03.02.2026