Sri. Mohan. R vs The State Of Karnataka By S.H.O
2024 Latest Caselaw 18886 Kant

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

(1994) 4 SCC 142