IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A.PATIL CRIMINAL REVISION PETITION No.1213/2016 BETWEEN:
1. SRI B.M.KUMAR S/O LATE B.R.MANJASHETTY, AGED ABOUT 53 YEARS, R/AT MANJUNATHA KRUPA, LAKSHMI NIVAS, PENSION MOHALLA, CHIKMAGALUR - 577 101.
2. SMT.B.M.JAYANTHI D/O LATE B.R.MANJASHETTY, W/O SRI C.S.VIJAY KUMAR, AGED ABOUT 50 YEARS, R/AT GOWRI KALUVE, CHIKMAGALUR - 577 101. ... PETITIONERS [BY SRI K.N.MOHAN, ADV.] AND:
SMT.ROOPA K.R., W/O B.R.MANJASHETTY, R/O MANJUNATHA KRUPA, LAKSHMI NIVAS, PENSION MOHALLA, CHIKKAMAGALURU - 577 101. …RESPONDENT [BY SRI PRANEESH G.N., ADV. FOR SRI VIGNESHWAR S. SHASTRI, ADV.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 26.07.2016 IN P.C.R.NO.11/2011 PASSED BY THE PRL. SR. CIVIL JUDGE AND C.J.M., CHIKKAMAGALURU AND DISMISSING THE P.C.R.NO.11/2011 ON THE FILE OF PRL. SR. CIVIL JUDGE AND C.J.M., CHIKKAMAGALURU AND ALLOW THE ABOVE CRL.RP.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After hearing the learned counsel appearing for the parties, the learned counsel for the petitioners submits that with a liberty to urge all the grounds which he has urged before this Court by filing an appropriate application before the Court below for discharge, the present Revision Petition may be disposed of.
2. The said submission has been taken on record.
3. In the decision of the Hon’ble Apex Court in the case of Umesh vs. State of Kerala reported in 2017 (3) SCC 112, it has been held that it is for the Magistrate to consider the contentions regarding the discharge therein and if all the contentions, if they are taken on their face value, it is for the Magistrate concerned to consider those contentions in an appropriate application filed for discharge.
4. Keeping in view of the above said submission and the decision of the Hon’ble Apex Court, quoted supra the present Revision Petition is disposed of with liberty to the petitioners to urge all the grounds by filing an appropriate application before the Court below. Since the matter is of the year 2011, the Trial Court is directed to expedite the trial expeditiously.
Sd/- JUDGE PMR