Petitioner sought Writ Petition under Articles 226/227 directing the XI ACMM to conclude a pending Section 498A trial within three months due to a five-year delay at the summons stage.
Direction issued to the XI ACMM, Bangalore to conclude the trial as expeditiously as possible, at any rate within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.3398 OF 2022 (GM-RES)
BETWEEN:
SMT. SHILPA MAHENDRA W/O MAHENDRA R., D/O B.C.KARAGI AGED ABOUT 38 YEARS NO.112, VEERABJADRESHWARA NILAYA SAI LAYOUT, 1ST CROSS BEGUR KOPPA ROAD MYALSANDRA BENGALURU – 560 068.
... PETITIONER
(BY SRI SHAKEEL AHMED, ADVOCATE)
AND:
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ALL ARE RESIDING AT NO. 20-A 2ND & 3RD FLOOR LAKSHMIRAMAIAH MAIN ROAD PRAKRUTHI LAYOUT HENNUR CROSS KALYAN NAGAR POST BENGALURU – 560 043.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU TO DISPOSE OF THE MATTER IN CCNO.54089/2017 IN TIME BOUND PERIOD OF THREE MONTHS AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner in the subject petition seeks for the following
prayer:
“Issue appropriate writ or order or direction in the nature of mandamus directing the XI Additional Chief Metropolitan Magistrate at Bengaluru to dispose of the matter in C.C.No.54089/2017 in a time bound period of three (3) Months.”
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petitioner.
The petitioner is the complainant. The respondents are
accused Nos.1 to 5. Petitioner is the wife of the accused No.1/respondent No.1. The petitioner initiates proceedings against the respondents in crime No.408/2016 for offence punishable under Section 498A of the IPC. The police, after investigation, file a charge sheet in the matter on 2.5.2017 and the matter is pending before the XI ACMM, Bangalore in C.C.No.54089/2017.
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learned counsel for the petitioner submits that has not been made for the last 5 years.
the trial within a time frame and the matter being languishing in the Court for the last 5 years that too for offence punishable under Section 498A of IPC, the learned Magistrate is required to expedite the matter and conclude further proceedings.
ORDER
Sd/JUDGE
bkp
CT:MJ
2 issues framed by the court
Whether a writ of mandamus could issue directing the trial court to conclude a pending Section 498A trial within a specified timeframe due to inordinate delay.
Whether the trial court could be directed to expedite its proceedings in a domestic violence case pending for five years.
2 provisions across 2 enactments
Smt. Shilpa Mahendra
Sri Mahendra R.
Sri Rajgopal
Smt. Lakshmi
Sri Srinivas R.
Smt. Chaitra
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
