Karnataka High Court
Sri. Mohan. R vs The State Of Karnataka By S.H.O on 29 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:29777
CRL.P No. 935 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 935 OF 2024
BETWEEN:
1. SRI. MOHAN. R
S/O LATE RANGASWAMY
AGED ABOUT 61 YEARS
R/AT NO.20A,
9TH 'A' MAIN ROAD
MARIYAPPAN PALYA,
K P AGRAHARA
MAGADI ROAD,
BENGALURU - 560023
2. SMT KALAI ARASI
W/O R MOHAN
AGED ABOUT 56 YEARS
R/AT NO.20A,
Digitally signed 9TH 'A' MAIN ROAD,
by NAGAVENI MARIYAPPAN PALYA,
Location: HIGH K P AGRAHARA
COURT OF MAGADI ROAD
KARNATAKA BENGALURU - 560 023
3. SMT MADHUREKHA M
W/O AMARNATH
AGED ABOUT 34 YEARS,
R/AT NO.36, 2ND FLOOR,
7TH MAIN ROAD
NEAR MUNESHWARA TEMPLE
HOSAPALYA,
BOMMANAHALLI
BENGALURU - 560 066
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NC: 2024:KHC:29777
CRL.P No. 935 of 2024
4. SRI AMARNATH S
S/O ARUL MOZHI S
AGED ABOUT 38 YEARS
R/AT NO.36, 2ND FLOOR,
7TH MAIN ROAD,
NEAR MUNESHWARA TEMPLE
HOSAPALYA, BOMMANAHALLI
BENGALURU - 560 066
...PETITIONERS
(BY SRI. ELANGOVAN K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY S.H.O.
HULIMAVU POLICE STATION
REP. BY SPP HIGH COURT BUILDING
BENGALURU CITY - 560 076
2. SMT VIDYA
W/O BHUVANESHWARAN
AGED ABOUT 26 YEARS
R/AT NO.3, 8TH 'D' CROSS,
SRICHAKRA LAYOUT
ANDRALLI
BENGALURU - 560 091
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW
THIS PETITION AND TO QUASH ALL THE ENTIRE PROCEEDINGS IN
CR.NO.191/2020 AND C.C.NO.2407/2021 BY THE RESPONDENT
HULIMAVU POLICE SO FOR AS THE ACCUSED NO.2 TO 5/PETITIONER
HEREIN CONCERNED FOR THE ALLEGED OFFENCE P/U/S.498-A OF
IPC AND SEC.3,4 OF DP ACT THE SAME IS PENDING BEFORE THE
HONBLE V ACMM COURT AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
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NC: 2024:KHC:29777
CRL.P No. 935 of 2024
ORAL ORDER
Learned Additional State Public Prosecutor Sri.B.N.Jagadeesha, on instructions would submit that the matter is set at the stage of evidence long after the charges being framed against the petitioners.
2. In the light of the charges being framed, the entertainment of the petition will run foul of the judgment of the Apex Court in the case of Minakshi Bala v. Sudhir Kumar1.
3. Reserving liberty to the petitioners to avail of such remedy, as is available in law, the petition stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 16 1 (1994) 4 SCC 142