Suresh K vs State By Basaveshwaranagar Police
2024 Latest Caselaw 6797 Kant

Karnataka High Court

Suresh K vs State By Basaveshwaranagar Police on 7 March, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                                -1-
                                                           NC: 2024:KHC:9638
                                                        WP No. 6312 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF MARCH, 2024

                                               BEFORE

                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

                           WRIT PETITION NO. 6312 OF 2024 (GM-RES)

                   BETWEEN:

                   SURESH K
                   S/O LATE KRISHNAMURTHY
                   AGED ABOUT 53 YEARS
                   NO 19,
                   3RD MAIN,
                   KPT VIJAYA APARTMENTS,
                   M.V. GARDEN, WOC ROAD
                   BENGALURU - 560079
                                                                  ...PETITIONER
                   (BY SRI UMAPATHI S, ADV.)
                   AND:

                   1.   STATE BY BASAVESHWARANAGAR POLICE
                        REPRESENTED BY HCGP HIGH COURT BUILDING
                        BENGALURU - 560001
Digitally signed
by B A             2.   THE DIRECTOR / DEPUTY DIRECTOR OF PROSECUTION
KRISHNA
KUMAR                   AND LITIGATION
Location: HIGH          6TH FLOOR CAUVERY BUILDING
COURT OF
KARNATAKA               GANDHINAGAR
                        BENGALURU - 560009

                   3.   MAHESHA S/O KONEGOWDA
                        AGED ABOUT 38 YEARS,
                        RESIDING AT NO. 134/9,
                        4TH MAIN, 4TH CROSS
                        SANNAKKI BAYALU
                        KAMAKSHIPALYA
                        BENGALURU - 560 079

                   4.   NAGARAJA S/O HANUMANTHAIAH
                        AGED ABOUT 35 YEARS,
                                     -2-
                                              NC: 2024:KHC:9638
                                          WP No. 6312 of 2024




     RESIDENT OF PUTTINAPALYA VILLAGE,
     AMRUTHURHOBLI,
     KUNIGAL TALUK,
     TUMKUR DISTRICT
                                                 ...RESPONDENTS
(BY SRI R. RANGASWAMY, HCGP FOR R-1 & R-2)


     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL
PROCEDURE, 1973 PRAYING TO QUASH ONLY THE ORDER FOR
HAVING TAKEN COGNIZANCE OF THE OFFENCE PUNISHABLE U/S
193 OF IPC (WHICH WAS REGISTERED IN CR NO. 186/2021)
AGAINST THE PETITIONER (PW-1) BY THE 55TH ADDL. CITY CIVIL
AND SESSION JUDGE (CCH-56) IN THE JUDGEMENT DTD 20.10.2023
RELATING TO SC NO. 1600/2021 VIDE ANNEXURE-H.

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

                              ORDER

1. Petitioner is before this Court being aggrieved by the

observations made by the LV Addl. City Civil & Sessions Judge,

Bengaluru City, in S.C.No.1600/2021 disposed of on

20.10.2023.

2. Registry has raised an office objection with regard to the

maintainability of this petition.

3. Learned Counsel for the petitioner after arguing the

matter for sometime, submits that he may be permitted to

withdraw the petition with liberty to challenge the judgment

and order dated 20.10.2023 passed by the Court of LV Addl.

NC: 2024:KHC:9638

City Civil & Sessions Judge, Bengaluru City, in

S.C.No.1600/2021 in so far as it relates to taking cognizance of

the offence punishable under Section 193 IPC against him.

4. The aforesaid submission is placed on record. Petition is

dismissed as withdrawn with liberty as prayed for.

5. Registry is directed to return the certified copies of the

documents to the petitioner after retaining the Photostat copies

of the same.

SD/-

JUDGE

KK