IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.16070/2019 (GM-RES) BETWEEN:
SRI.S. SRINIVASAMURTHY S/O LATE NARAYANAPPA AGED ABOUT 67 YEARS CHAIRMAN SHUSHRUTHI SOUHARDASAHAKARA BANK LIMITED, SHUSHRUTINAGAR ANDHRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE-560091.
... PETITIONER (BY SRI.S.RAMAMURTHY, ADVOCATE) AND:
STATE OF KARNATAKA BY POLICE INSPECTOR REJGOPALNAGAR POLICE STATION RAJGOPALNAGAR BANGALORE-560058.
(BY SRI.S. RACHAIAH, HCGP) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CR.P.C, PRAYING TO DIRECT THE LEARNED 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE TO EXPEDITE THE TRIAL IN SECURING THE ACCUSED IN C.C.NO.19252/2016 ON HIS FILE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though, matter is listed for preliminary hearing, by consent of learned advocates appearing for parties, it is taken up for final disposal.
2. Heard Sri. S. Ramamurthy, learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for the State- respondent. Perused the records.
3. The only prayer sought for by the petitioner in this petition is, for a direction to IV Additional Chief Metropolitan Magistrate, Bengaluru to expedite the trial by securing presence of accused in C.C.No.19252/2016.
4. Having heard the learned Advocates appearing for parties and on perusal of order sheet of the trial Court same would disclose that all the accused have been enlarged on bail and after filing of the charge sheets summons came to be issued to accused Nos. 1 to 7 vide order dated 19.08.2016. However, even as on 12.02.2019, summons have not been served and as such, matter is being adjourned from time to time for more than 2 years and 6 months. In that view of the matter, direction is sought for by petitioner requires to be issued for speedy disposal of the proceedings.
Hence, I proceed to pass the following ORDER (i) Writ petition is allowed.
(ii) IV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby directed to expedite the trial by securing the presence of accused Nos. 1 to 7 in C.C.No.19252/2016 by taking all such steps as is permissible under law and conclude the trial expeditiously and at any rate within three months from the date of the commencement of the trial, keeping in mind Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005.
SD/- JUDGE RU