Allowed

K Sambasivan v. the State of Karnataka

Karnataka HC7 Dec 2021WP/17231/2021

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a writ petition under Articles 226 and 227 of the Constitution. The Court directed the III Additional Civil Judge and JMFC, Kolar, to consider and dispose of the petitioner's Section 340(1) application filed against a specific respondent due to unnecessary delay. The application relates to initiating criminal proceedings after prior quashing of PCR No.601/2014.

What did the court decide?

Directed the III Additional Civil Judge and JMFC., Kolar to consider the petitioner's Section 340 Cr.P.C. application and dispose of it at the earliest.

K Sambasivan Vs the State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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WRIT PETITION No.17231 OF 2021 (GM-RES)

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BETWEEN

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K. SAMBASIVAN S/O LATE T.S.KUPPUSWAMY AGED ABOUT 74 YEARS (SENIOR CITIZEN) R/O NO.973, 66^TH CROSS, 17^TH 'E' MAIN 5^TH BLOCK, RAJAJINAGAR BENGALURU-560010 [BY SRI SRINIVASAN K.R, ADV.,]

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... PETITIONER

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AND

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME GOVERNMENT OF KARNATAKA VIDAHANA SOUDHA BENGALURU-560 001

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THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE (DG & IG) NO.2, NRUPATHUNGA ROAD BENGALURU-560 001

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THE POLICE SUB-INSPECTOR VEMGAL POLICE STATION VEMGAL

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KOLAR TALUK & DISTRICT-563157

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4. R.SADANANDA

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S/O LATE D.N.RUDRAPPA AGED ABOUT 60 YEARS RETIRED HEAD MASTER GOVT.MODEL HIGHER PRIMARY SCHOOL VEMGAL AND R/O VEENA NILAYA, NEAR SIDDESHWARA KALYANA MANTAPA VEMGAL, VEMGAL HOBLI KOLAR DISTRICT-563157

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….RESPONDENTS [BY SRI.ROHITH B.J, HCGP FOR R1 TO R3]

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE III ADDL. CIVIL JUDGE AND JMFC, KOLAR TO CONSIDER THE APPLICATION FILED BY THE PEITTIONER UNDER SEC 340(1) R/W SECTION 195(1)(b) OF THE CR.P.C 1973 ON 19.6.2019 AND TO CONDUCT THE PRELIMINARY ENQUIRY IN TERMS OF SEC 340(1) OF THE CRPC 1973 ANNEXURE-K.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri.Srinivasan K.R, learned counsel for the petitioner

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and Sri.Rohith B.J, learned High Court Government Pleader for respondent Nos.1 to 3.

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The petitioner has sought a writ of mandamus to the III Additional Civil Judge and JMFC., Kolar for considering his

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application made under Section 340(1) r/w Section 195(1)(b) of Cr.P.C.

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It appears that this Court in WP Nos.35667-672 of 2015 quashed the criminal proceedings in PCR No.601/2014 filed before the III Additional Civil Judge and JMFC., Kolar. Pursuant to this order, the petitioner herein has made an application under Section 340 of Cr.P.C, for initiating action against the fourth respondent.

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If this application has remained unconsidered for quite a long time unnecessarily, the petitioner is entitled to a writ of mandamus. Therefore, this petition is allowed and the III Additional Civil Judge and JMFC., Kolar is hereby directed to consider the application made by the petitioner herein under Section 340 of Cr.P.C and dispose it of, in accordance with law, at the earliest.

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Sd/-

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JUDGE

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K Sambasivan v. the State of Karnataka

Case brief

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K Sambasivan v. the State of Karnataka

Case brief

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