Sri Suresh T S vs State Of Karnataka
2024 Latest Caselaw 27682 Kant

Karnataka High Court

Sri Suresh T S vs State Of Karnataka on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                               -1-
                                                          NC: 2024:KHC:46778
                                                     CRL.P No. 11307 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 11307 OF 2024
                   BETWEEN:

                         SRI. SURESH T.S,
                         S/O SADASHIVA,
                         AGED ABOUT 36 YEARS,
                         R/AT NO. 52, TENKANAHALLI,
                         NUGGEHALLI, CHENNARAYAPATNA,
                         HASSAN DISTRICT, KARNATAKA - 573 131.
                                                                 ...PETITIONER
                   (BY SRI. NAYEEM PASHA S, ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA
                         ASHOKNAGAR POLICE STATION,
                         BANGALORE DISTRICT,
Digitally signed         REP. BY THE STATE PUBLIC PROSECUTOR,
by NAGAVENI
Location: HIGH           HIGH COURT OF KARNATAKA,
COURT OF                 BANGALORE - 560 001.
KARNATAKA

                   2.    SRI. ALEN ARULDHAS,
                         S/O ARULDHAS,
                         AGED ABOUT 38 YEARS,
                         REGIONAL MANAGER,
                         HM, DCB BANK LIMITED,
                         NO. 128, PRESTIGE MARIDIAN,
                         ANNEXE, M.G. ROAD, BENGALURU - 560 001.
                                                             ...RESPONDENTS
                   (BY SRI. HARISH GANAPATHY, HCGP FOR R1)
                               -2-
                                               NC: 2024:KHC:46778
                                          CRL.P No. 11307 of 2024




     THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNNS) OF
CR.P.C    PRAYING   TO    QUASH     THE    ENTIRE   PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.20641/2019 OF CRIME
NO.92/2018 OF RESPONDENT POLICE/RESPONDENT NO.1 FOR
THE ALLEGED OFFENCE P/US/ 408, 420 OF IPC, PENDING
BEFORE THE HONBLE III ACJM AT BENGALURU BY ALLOWING
THIS PETITION.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

Heard Sri. Nayeem Pasha S., learned counsel appearing

for the petitioner and Sri. Harish Ganapathy, learned HCGP

appearing for respondent No.1

2. The learned HCGP on instructions would submit that

the charges are framed two years ago and the matter is at fag

end of the proceedings.

3. In that light, entertainment of a petition under

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023

NC: 2024:KHC:46778

would run foul of the judgment of the Apex Court in the case of

MINAKSHI BALA V. SUDHIR KUMAR .

4. The petitioner is at liberty to urge all the

contentions before the concerned Court.

Ordered accordingly.

Sd/-

(M.NAGAPRASANNA) JUDGE

JY

CT: BHK

(1994) 4 SCC 142