Mr Harish Kumar vs State By
2024 Latest Caselaw 27701 Kant

Karnataka High Court

Mr Harish Kumar vs State By on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                              NC: 2024:KHC:47137
                                                         CRL.P No. 10672 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. 10672 OF 2023

                   BETWEEN:

                   1.    MR HARISH KUMAR
                         AGED ABOUT 31 YEARS
                         S/O MR SRIDHAR NAIDU
                         R/AT SRI VENATESHWARA NILAYAM
                         NO 62, 1ST BLOCK
                         BETHAMANGALA TOWN
                         BETHAMANGALA
                         KOLAR - 563 116.

                   2.    SRI SRIDHARA NAIDU
                         AGED MAJOR
                         R/AT SRI VENKATESHWARA NILAYAM
                         NO 62, 1ST BLOCK
                         BETHAMANGALA TOWN
                         BETHAMANGALA
                         KOLAR - 563 116.

Digitally signed by 3.   SMT REVATHI BAI
KAVYA G                  AGED MAJOR
Location: High           R/AT SRI VENATESHWARA NILAYAM
Court of Karnataka
                         NO 62, 1ST BLOCK
                         BETHAMANGALA TOWN
                         BETHAMANGALA
                         KOLAR - 563 116.

                   4.    SMT LALITH KUMAR S.,
                         AGED ABOUT 32 YEARS
                         S/O SRIDHAR NAIDU
                         R/AT SRI VENKATESHWARA NILAYAM
                         NO 62, 1ST BLOCK
                         BETHAMANGALA TOWN
                         BETHAMANGALA
                         KOLAR - 563 116.
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                                             NC: 2024:KHC:47137
                                      CRL.P No. 10672 of 2023




5.   SMT P. TEJASWINI
     AGED ABOUT 28 YEARS
     S/O MR SRIDHAR NAIDU
     R/AT SRI VENKATESHWARA NILAYAM
     NO 62, 1ST BLOCK
     BETHAMANGALA TOWN
     BETHAMANGALA
     KOLAR - 563 116.
                                                   ...PETITIONERS
(BY SRI. VIJAY KUMAR R.,ADVOCATE)


AND:

1.   STATE BY PAVAGADA POLICE STATION
     REP BY GOVERNMENT ADVOCATE
     HIGH COURT OF KARNATAKA.

2.   SMT AISHWARYA P.S.,
     W/O MR HARISH KUMAR
     AGED ABOUT 24 YEARS
     R/AT YOGAMANDIRA
     JAIN LAYOUT, PAVAGADA TOWN.

                                                  ...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1)


       THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
FIR NO.150/2023 PENDING ON THE FILE OF THE HONBLE PRINCIPAL
CIVIL JUDGE (JR.DN.) AND JMFC COURT, PAVAGADA TUMKUR
DISTRICT   INSOFAR   AS   THE   PETITIONER   IS   CONCERNED   AT
ANNEXURE-A.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE M.NAGAPRASANNA
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                                              NC: 2024:KHC:47137
                                        CRL.P No. 10672 of 2023




                              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 petitioners to avail of such

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

Sd/-

(M.NAGAPRASANNA) JUDGE

(1994) 4 SCC 142