IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 7th day of December, 2017 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA Writ Petition No 53454 of 2017 (GM-RES) BETWEEN:
SHRI K P NANJUNDI VISHWAKARMA S/O SHRI KULLACHARI "AISHWARYA" , NO 7A, 1ST CROSS ITIEHCSL LAYOUT, SANJAY NAGAR BANGALORE-560094 … PETITIONER [By Sri M S Shyam Sundar, Advocate] AND:
THE STATE OF KARNATAKA BY CHANNAPATNA POLICE STATION CHANNAPATNA TOWN RAMANAGARA DISTIRCT ... RESPONDENT [By Sri S Rachaiah, HCGP] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO 152/2012 FILED BY THE RESPONDENT POLICE [VIDE ANNEXURE-A TO THE PETITION] ORDER OF TAKING COGNIZANCE DATED 18.4.2013 AND FURTHER PROCEEDINGS IN CC NO 266/2013 [VIDE ANNEXURE-B] PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, CHANNAPATNA, AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:.
O R D E R Heard Mr Shyam Sundar M S, learned counsel for the petitioner, and Mr S Rachaiah, learned HCGP appearing for the respondent. Perused the records.
2. The petitioner has sought for quashing of the entire proceedings in CC No 152 of 2012, which is pending before the Civil Judge and JMFC, Channapatna. Now, the case is set down for securing the presence of accused No 1. The case against some of the accused has already been split up. One of the accused persons is dead.
3. When the matter is set down for framing of charge/recording the plea of the accused, it may not be proper to quash such proceedings. However, the trial court is hereby directed to proceed with the available accused persons and splitting the case against the absconding accused persons, because of the longevity of the case since 2013. It is also made clear that if at all the petitioner herein wants to file any application for his discharge, he is at liberty to make such an application. In that eventuality, the trial court has to extend opportunity to both parties and deal with the said application in accordance with law.
4. With the above observations, this petition stands disposed of.
Sd/- JUDGE *pjk