The Gathic Zoroastrian Anjuman ... vs State Of Karnataka
2024 Latest Caselaw 27394 Kant

Karnataka High Court

The Gathic Zoroastrian Anjuman ... vs State Of Karnataka on 14 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                    -1-
                                                              NC: 2024:KHC:46371
                                                          CRL.P No. 6398 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                                 BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                              CRIMINAL PETITION NO. 6398 OF 2020

                   BETWEEN:


                   1.    THE GATHIC ZOROASTRIAN ANJUMAN BANGALORE
                         A REGISTERED TRUST
                         HAVING ITS OFFICE AT
                         NO.28-6, PARSEE CEMETERY
                         11TH CROSS MALLESHWARAM
                         VYALIKAVAL
                         BANGALORE - 560003
                         BY ITS PRESIDENT
                         AIR VICE MARSHAL (RETD.)
                         RAMYAR BATHA
Digitally signed
by NAGAVENI              AGE 71, SUNNY SIDE,
Location: HIGH           NO.32, RUSTUM BAGH,
COURT OF
KARNATAKA                HAL AIRPORT ROAD,
                         BANGALORE - 560017


                   2.    AIR VICE MARSHAL (RETD.) RAMYAR BATHA
                         SON OF LATE K A BATHA
                         AGED ABOUT 76 YEARS
                         R/AT NO.71, "SUNNY SIDE"
                         NO.32, RUSTUM BAGH
                               -2-
                                             NC: 2024:KHC:46371
                                       CRL.P No. 6398 of 2020




     HAL AIRPORT ROAD
     BANGALORE - 560017


                                                  ...PETITIONERS
(BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)


AND:



1.   STATE OF KARNATAKA
     BY VYALIKAVAL POLICE
     REP. BY STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA


2.   MR. GOPAL
     SON OF LATE MUNIBELLAPPA MAJOR
     GARDNER / CARETAKER
     IN THE PARSEE CEMETRY
     11TH CROSS MALLESHWARAM
     VYALIKAVAL
     BANGALORE - 560003
                                                 ...RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1;
     SRI. ARAVIND BABU, ADV. FOR R2)


     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH /
SET ASIDE THE IMPUGNED ORDER DATED 30.11.2019 PASSED BY
THE LEARNED VIII A.C.M.M., BANGALORE IN C.C.NO.16531/2017
CONSEQUENTLY ALLOW THE APPLICATION FOR RECALLING THE PW1
TO PW3.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                                    -3-
                                               NC: 2024:KHC:46371
                                           CRL.P No. 6398 of 2020




CORAM:         HON'BLE MR JUSTICE M.NAGAPRASANNA


                             ORAL ORDER

Heard the learned counsel Sri.Joshua Hudson Samuel,

appearing for the petitioners and the learned Addl. S.P.P.,

Sri.B.N.Jagadeesha, appearing for respondent No.1.

2. Learned counsel Sri.Aravind Babu, representing the

second respondent would submit that the concerned Court has

passed an order of acquittal in favour of the second respondent

by its judgment dated 13.11.2024 and he has filed a memo to

that effect.

3. In that light, the subject petition is rendered

infructuous and is disposed as having become infructuous and

the petitioners are at liberty to challenge the order of the

concerned Court acquitting the second respondent in a manner

known to law.

Ordered accordingly.

Sd/-

(M.NAGAPRASANNA) JUDGE