IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9690/2018 BETWEEN:
MOHAMMED NAZEER AHMED S/O. LATE MOHAMMED HEYATH AGED ABOUT 67 YEARS R/A NO.36, 4TH MAIN 16TH CROSS, IV SECTOR HSR LAYOUT BENGALURU – 560 034.
... PETITIONER (BY SRI. AMITH NAYAK., ADVOCATE FOR SRI. K.V. THIMMAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY MADIWALA POLICE STATION BENGALURU – 560 068 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. NISHAR AHMED S/O. ABU BAKKAR AGED ABOUT 46 YEARS R/AT NO.1851 M/S. NEW METRO HOME APPLIANCES, 12TH MAIN ROAD RPC LAYOUT, VIJAYANAGAR BENGALURU – 560 040.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1; NOTICE TO R-2 DISPENSED WITH V/O DTED:31.01.2019) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO DIRECTING THE LEARNED III ACMM, BANGALORE TO DISPOSE OFF THE CASE IN C.C.NO.14489/2014, PENDING ON HIS FILE, EXPEDITIOUSLY BY TAKING UP THE CASE ON A DAY TO DAY BASIS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is the complainant has presented a complaint before jurisdictional Magistrate, who by order dated 03.12.2013 has directed registration of said complaint as PCR and referred the same for investigation, pursuant to which Madiwala Police have registered an FIR in Crime No.1421/2013 against second respondent/accused. After investigation charge sheet has been filed in C.C.No.14489/2014. Since no order adverse to the interest of second respondent is being passed in this petition, notice to second respondent stands dispensed with.
2. Heard Sri.Amith Nayak, learned counsel appearing for petitioner and Sri.S.Rachaiah, learned HCGP appearing for first respondent-State. Perused the records.
3. Prayer that has been sought for by the petitioner in this petition is to direct the learned trial Judge to dispose of the pending proceedings in C.C.No.14489/2014 on day to day basis. However, taking into consideration that there is no fault, which can be laid at the doors of learned trial Judge, it would suffice if a direction is issued to the learned Magistrate to dispose of the said proceedings expeditiously keeping in mind that said proceedings is more than five (5) years old (reckoning from date of filing of the complaint, which is 28.12.2013).
4. In that view of the matter, trial Court is directed to dispose of the proceedings in C.C.No.14489/2014 expeditiously keeping in mind the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 and if necessary, trial Court would be at liberty to put the parties on terms. Accordingly, this petition stands disposed of.
SD/- JUDGE DR