Sri Aravind Y P vs State Of Karnataka
2024 Latest Caselaw 27715 Kant

Karnataka High Court

Sri Aravind Y P vs State Of Karnataka on 19 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                               -1-
                                                             NC: 2024:KHC:47547
                                                        CRL.P No. 3475 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. 3475 OF 2023
                 BETWEEN:

                 SRI ARAVIND Y.P.,
                 S/O PARAMESH GOWDA
                 AGED ABOUT 45 YEARS,
                 R/AT NO.9, 3RD FLOOR,
                 KAILASA NILAYA, 2ND CROSS,
                 JAYAPRAGATHI LAYOUT,
                 KUDLU, BENGALURU-560 068.
                                                                     ...PETITIONER
                 (BY SRI. MOHAN MAHABALESHWAR BHAT.,ADVOCATE)

                 AND:

                    STATE OF KARNATAKA
                    DEPUTY SUPERINTENDENT
                    OF EXCISE, JAYANAGARA,
                    SUB DIVISION NO.8,
                    BENGALURU URBAN DISTRICT-4
                    BENGALURU-560 041
Digitally signed by REPRESENTED BY STATE PUBLIC PROSECUTOR
KAVYA G             HIGH COURT OF KARNATAKA.
Location: High                                                      ...RESPONDENT
Court of Karnataka
                    (BY SRI.B.N. JAGADEESH ADDITIONAL SPP FOR R1)

                      THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE
                 ENTIRE PROCEEDINGS IN CRIME REGISTERED BY THE RESPONDENT
                 AS   PER    FIR    NO.15/2022-23/DYSE/390307    OF   DEPUTY
                 SUPERINTENDENT OF EXCISE, JAYANAGARA AND ON THE FILE OF
                 THE   XXXVII    ADDL.   CHIEF   METROPOLITAN    MAGISTRATE,
                 BENGALURU, IN CRIME NO.15/2022-23 U/S 36 AND 38(a) OF THE
                 KARNATAKA EXCISE ACT AND PASS ANY SUCH OTHER THAT THIS
                 HONBLE COURT DEEMS FIT.

                      THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
                 WAS MADE THEREIN AS UNDER:
                                   -2-
                                              NC: 2024:KHC:47547
                                         CRL.P No. 3475 of 2023




CORAM:       HON'BLE MR JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

Learned Addl.SPP 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