IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51009/2019(GM-RES) SMT.K. M. LEELAVATHI W/O LATE K G MONAPPA, AGED ABOUT 57 YEARS, R/O MATHUR VILLAGE, VIRAJPET TALUK, KODAGU DISRICT.
(BY SRI POONACHA C. M., ADVOCATE) AND:
1 . SMT. K. M. SONIA MADAIAH W/O LATE K. M. MADAIAH, AGED ABOUT 32 YEARS, R/AT MATHUR VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT-571218.
PRESENTLY RESIDING AT PRAKRUTHI APARTMENT, NEAR AISHWARYA PETROL BUNK, DOOR NO.401-A, VIJAYANAGAR 3RD STAGE, MYSORE DST-KARNATAKA-570017.
2 . NISHEEN K. M. W/O NAVEEN, AGED ABOUT 36 YEARS, R/O MATHUR VILLAGE, VIRAJPET TALUK-571218, KODAGU DISTRICT.
...PETITIONER 3 . KANDERA PRAKASH FATHER'S NAME NOT KNOWN, AGED ABOUT 51 YEARS, R/O SULUGODU VILLAGE, BALELE POST, VIRAJPET TALUK, KODAGU DISTRICT-571218.
…RESPONDENTS …… THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION THAT THE COURT OF THE DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, SITTING AT VIRAJPET DISPOSE OF CRL. APPEAL No.5009/2019 TOGETHER WITH I.A. No.1 FOR SUSPENSION OF THE ORDER WITHIN A SPECIFIC TIME FRAME AS MAY BE FIXED BY THIS HON’BLE COURT IN ANY EVENT NOT LATER THAN 4 WEEKS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the present writ petition, the petitioner has sought to direct the Court of District and Sessions Judge, Kodagu, Madikeri sitting at Virajpet to dispose of Crl.A.No.5009/2019 together with I.A.No.1 for suspension of the order within a specific time frame, not later than four weeks. Such a prayer cannot be entertained by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India.
2. At the same time, a careful perusal of the order sheet in the said Criminal Appeal reveals that the learned Judge has adjourned the matter on more than ten occasions to consider the Interlocutory Application. When urgency is pleaded, atleast, the learned Judge could have passed orders on the Interlocutory Application.
3. In view of the above, without going into the merits and demerits of the case, the writ petition is disposed off with a direction to the learned District Judge to consider the Interlocutory Application and pass orders, forthwith, in accordance with law.
Sd/- JUDGE kcm