N B Kantharaju vs State By
2024 Latest Caselaw 27691 Kant

Karnataka High Court

N B Kantharaju vs State By on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                      -1-
                                                                 NC: 2024:KHC:47143
                                                            CRL.P No. 2895 of 2023




                      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. 2895 OF 2023
                      BETWEEN:

                      N B KANTHARAJU
                      S/O LATE BASAPPA
                      AGED ABOUT 63 YEARS
                      R/AT BEHIND SHADAKSHARI MUTT
                      KANCHEGHATTA, TIPATURU
                      TUMARKURU DISTRICT.
                                                                       ...PETITIONER
                      (BY SRI. S.N. BHAT.,ADVOCATE)

                      AND:

                      1.   STATE BY CHELURU POLICE
                           GUBBI TALUK
                           TUMAUKRU DISTRICT 572216
                           REP BY SPP, HIGH COURT OF KARNATAKA
                           BENGALURU - 560 001.

                      2.   H C LOKESH
Digitally signed by        S/O LATE CHIKKANNA
KAVYA G                    AGED ABOUT 52 YEARS
Location: High             R/AT HULLENAHALLI VILLAGE
Court of Karnataka
                           NUGGEEHALLI HOBLI
                           CHANANRAYAPATTANA TALUK
                           HASSAN DSITRICT - 573 116.
                                                                     ...RESPONDENTS
                      (BY SRI.RANGASWAMY R., HCGP FOR R1)

                            THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
                      ENTIRE PROCEEDINGS IN CR.NO.157/2022 FILED BEFORE THE PRL.
                      CIVIL JUDGE AND JMFC, GUBBI, BY RESPONDENT, CHELURU POLICE
                      FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC.

                           THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
                      WAS MADE THEREIN AS UNDER:
                                   -2-
                                              NC: 2024:KHC:47143
                                         CRL.P No. 2895 of 2023




CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

Learned HCGP on instructions would submit that the

charges have been framed and the petition would not be

entertainable at this juncture.

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 petitioner to avail of such

remedy, as is available in law, the petition stands disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE

RU

(1994) 4 SCC 142