Dismissed

Prakash H v. State by

Karnataka HC11 Nov 2020WP/12726/2020

Case brief

AI extract

What is this about?

Petitioner in judicial custody since 2018 approached High Court contending Sessions Judge delayed trial due to lack of cooperation. Court held Sessions Judge discharged duties properly but directed Public Prosecutor and Investigation Officer to cooperate for expeditious disposal.

What did the court decide?

Writ petition dismissed with direction to Public Prosecutor and Investigation Officer to cooperate for expeditious disposal.

Prakash H Vs State by — Civil Procedure and Limitation | Karnataka HC (2020)

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W.P.No.12726 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.12726 OF 2020 (GM – RES)

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BETWEEN:

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PRAKASH H., S/O HANUMANTHARAYAPPA, AGED ABOUT 30 YEARS, NO.42/2, 1^ST FLOOR, 8^TH CROSS, MT STREET, VASANTHANAGARA, BANGALORE.

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... PETITIONER

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(BY SRI RAJAVARDHAN REDDY R., ADVOCATE FOR SRI RANGANATH REDDY, ADVOCATE)

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AND:

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STATE BY HIGH GROUNDS POLICE STATION, BANGALORE CITY. (REPRESENTED BY THE STATE PUBLIC PROSECUTOR), HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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... RESPONDENT

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(BY SRI K. NAGESHWARAPPA, HCGP FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO PASS

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W.P.No.12726 of 2020

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NECESSARY DIRECTION IN S.C.NO.1560/2018 PENDING ON THE FILE TO THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE TO BEGIN AND EXPEDIENTLY CONCLUDE THE TRIAL.

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THIS PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCE IN BENGALURU, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri Rajvardhan Reddy R., learned counsel appearing for the petitioner seeks for two weeks’ time to comply with the office objections. He however requests for the matter to be taken up for hearing pending compliance due to urgency.

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The office objections not coming in the way of consideration of above matter. His/Her request is acceded to and the matter is taken up for hearing.

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Sri K. Nageshwarappa, learned HCGP accepts notice for respondent.

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W.P.No.12726 of 2020

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The above petition has been filed seeking for a direction to the XLVI Additional City Civil and Sessions Judge, Bangalore to dispose the matter in S.C. No.1560/2018 expeditiously.

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Sri R. Rajvardhan Reddy R., submits that the petitioner has been in judicial custody since the year 2018. However, the trial has not been proceeded with or completed expeditiously inasmuch as though the Sessions Judge has posted the matter many a times day-by-day. The prosecution, as also the Investigating Officer have not been co-operating with the said Judge, resulting in delay in the proceedings.

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An examination of the order-sheet indicates that the learned Judge has been posting the matter on consecutive dates, as also issued show-cause-notices to the Investigating Officer, as and when the Investigating Officer did not make available the relevant records, reports or documents. Thus, I am of the considered opinion that the Sessions Judge is

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W.P.No.12726 of 2020

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discharging his duties in proper and required manner

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and there can be no direction issued to the Sessions Judge to expeditiously dispose the matter. However, having been noticed in the order-sheet that the Public Prosecutor has been taking adjournments for production of the documents, records and reports, the said Public Prosecutor and Investigation Officer are directed to co-operate with the learned Sessions

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Judge in expeditiously disposing the matter.

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With the above observation, the petition is disposed of.

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Sd/JUDGE

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SBS*

Prakash H v. State by

Case brief

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Prakash H v. State by

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