IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4961 OF 2012 BETWEEN:
SRI KRISHNA KUMAR S/O SRI B.K. NARASIMHA MURTHY AGED ABOUT 42 YEARS FLAT NO.G-3, GREEN VIEW APARTMENTS DEVASANDRA MAIN ROAD VIA HOODY, AYYAPPA NAGAR BANGALORE-560 048 … PETITIONER (BY SHRI. V. MANJUNATH, ADVOCATE) AND:
1. THE STATE BY KRISHNARAJAPURA POLICE STATION, BANGALORE 2. SRI UDAY MEHATA S/O HASANMUK LAL MEHATA AGED ABOUT 44 YEARS NO.G-8, KEMPS GREEN VIEW APARTMENTS DEVASANDRA, HOODY MAIN ROAD OPP-KRISHNA COMMUNITY HALL K.R.PURAM, BANGALORE 560 048 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R.1;
SHRI. H.A. MANJUNATH PRASANNA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER TAKING COGNIZANCE PASSED BY X A.C.M.M., MAYOHALL UNIT, BANGALORE, FOR THE ALLEGED OFFENCE P/U/Ss 363,323,506, READ WITH SECTION 34 OF IPC AND QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.23508/2009 ON THE FILE OF THE X A.C.M.M., MAYO HALL UNIT, BANGALORE FOR THE ALLEGED OFFENCE P/U/Ss 363,323,506, READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has called in question the criminal proceedings pending against him in C.C.No.23508/2009 before X A.C.M.M., Bengaluru.
2. Respondent No.2 filed FIR No.293/2009 on 04.08.2009 in K.R. Puram Police Station alleging commission of offences punishable under Sections 323, 363 and 506 read with Section 34 of IPC against petitioner and four other accused.
3. Perusal of the complaint shows that petitioner and his associates attempted to break open the flat belonging to the complainant, kidnapped him and threatened him with dire consequences. Police, after investigation have filed the charge sheet.
4. Learned advocate for the petitioner submits that criminal proceedings are pending before the Trial Court since 10 years. Complainant is not appearing before the Trial Court nor has he appeared before this Court. Petitioner is innocent but suffering due to delay in prosecution. Accordingly, he prays for quashing the proceedings.
5. Allegations of kidnapping and threatening have been levelled in the complaint and police have filed the charge sheet. The plea of innocence urged on behalf of the petitioner can be established only after trial. In the circumstances, no ground is made out to interfere by exercising power under Section 482 of Cr.P.C.
6. As prayed for by the learned advocate for the petitioner, keeping in view, the fact that the trial is pending since 10 years, learned Trial Judge is directed to expedite the trial and dispose of the criminal case as expeditiously as possible.
Petition disposed of. No costs.
Sd/- JUDGE AV