Sri Nataraj vs The State
2021 Latest Caselaw 5119 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                        BEFORE

     THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
           CRIMINAL PETITION No.6207/2018

BETWEEN

1.     SRI. NATARAJ
       AGED ABOUT 66 YEARS
       S/O SRI M. N. NANJAPPA
       R/AT HOUSE NO 173
       12TH MAIN, 22ND CROSS
       'D' BLOCK, J. P. NAGAR
       MYSRUU - 570 008

2.     SMT. LAKSHMI
       W/O SRI. NATARAJ
       AGED ABOUT 61 YEARS
       R/AT HOSUE NO. 173
       12TH MAIN, 22ND CROSS,
       "D" BLOCK, J. P. NAGAR
       MYSURU - 570 008

3.     SMT. PRIYANKA
       AGED ABOUT 34 YEARS
       D/O SRI NATARAJ
       W/O KUMARESAN V
       R/AT B 16, 3RD FLOOR,
       SUDHARMA APARTMENTS,
       A. K. SAMY NAGAR,
       1ST STREET, KILPAUK
       CHENNAI -10

       ADDRESS AS SHOWN IN COMPLAINT
       R/AT HOUSE NO.173,
       12TH MAIN, 22ND CROSS,
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      "D" BLOCK, J.P NAGAR,
      MYSURU - 570 008
                                      ... PETITIONERS

[BY SRI. VENKATESH. R.
   (VIDEO CONFERENCING)]

AND

1.    THE STATE
      BY HALENAGARA POLICE STATION
      BHADRAVATHI - 577 301
      SHIMOGA DISTRICT
      IN THE HIGH COURT
      BY STATE PUBLIC PROSECUTOR

2.    SMT NANDINI
      AGED ABOUT 30 YEARS
      W/O SRI M.N. MANJUNATH @ MALLESH
      HOUSE NO 204
      R/AT. N. S. T. ROAD,
      BHADRAVATHI - 577 301
      SHIMOGA DISTRICT
                                   ... RESPONDENTS

[BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
    (PHYSICAL HEARING)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED
01.02.2018 TAKING COGNIZANCE OF THE OFFENCES
P/U/S 498A, 504, 506 R/W 34 OF IPC IN C.C.NO.181/2018
(PCR.NO.11/2017, CR.NO.52/2017) PENDING ON THE FILE
OF THE II ADDITIONAL CIVIL JUDGE AND JMFC,
BHADRAVATHI AND CONSEQUENTLY ORDERING TO
REGISTER AS CRIMINAL CASE, AS ANNEXURE-A AND
ALSO THE CHARGE SHEET FILED BY THE CRIMINAL CASE
AT ANNEXURE-A AND ALSO THE CHARGE SHEET FILED
BY    THE   HALENAGAR     POLICE,    BHADRAVTH     AT
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ANNEXURE-B   AND   ALL           FURTHER    PROCEEDINGS
PURSUANT THERE TO.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

An interim order in this petition was granted on

10.06.2019 and was continued on 30.08.2019. This

Court, on 24.03.2021 after hearing the matter, opined

that the matter required consideration and admitted it

for its final hearing and an interim order granted was

extended until further orders.

2. Learned counsel appearing for the

petitioners submits that notwithstanding the interim

order being extended until further orders by this Court

after admitting the matter for its final hearing, the Trial

Court is seeking to proceed with the matter on the score

of the judgment rendered by the Apex Court in the case

of Asian Resurfacing of Road Agency Pvt. Ltd. and

another vs. Central Bureau of Investigation1.

3. Therefore, in the light of the matter after

being heard and admitted for its final hearing and the

interim order continued until further orders, the trial

Court shall not proceed with the matter during the

pendency of this petition.

Ordered accordingly.

With the aforesaid reasons, the criminal petition

stands disposed.

Sd/-

JUDGE

KG

1 (2018) 16 SCC 299