Disposed

Sri Kshitiz Gurung v. the State of Karnataka

Karnataka HC9 Jun 2022WP/971/2022

Case brief

AI extract

What is this about?

The Karnataka High Court, via Writ Petition No. 971 of 2022, directed the Principal Civil Judge, Devanahalli, to conclude the trial in C.C. No. 1794 of 2018 within nine months. This order was made considering the petitioner's status as an accused and a job seeker.

What did the court decide?

Direction to the Principal Civil Judge, Devanahalli, to conclude the trial in C.C. No. 1794 of 2018 within nine months.

Sri Kshitiz Gurung Vs the State of Karnataka — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 09^TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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WRIT PETITION No.971 OF 2022 (GM-RES)

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BETWEEN:

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SRI KSHITIZ GURUNG S/O VIJAY RAJ GURUNG AGED ABOUT 23 YEARS R/AT: NO.4, BATTALION POLICE HOUSING COMPLEX QUARTERS NO.D1/1101 SALT LAKE KOLKATTA – 700 064.

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... PETITIONER

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(BY SRI NISHAD S.A., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU – 560 001.

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THE INTERNATIONAL AIRPORT POLICE STATION BENGALUR – 560 300 REP. BY ITS SPECIAL PUBLIC PROSECUTOR.

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SMT.NIHARIKA DEOGAONKAR W/O PRASHANTHSISODIA AGED ABOUT MAJOR

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R/AT:NO.G2 PRAYAG MANSION MURUGESHPALYA VINAYAKA NAGAR BENGALURU – 560 017.

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... RESPONDENTS

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(BY SMT.K.P.YASHODHA, HCGP)

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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 DIRECT THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI TO DISPOSE OF THE CRIMINAL CASE IN CC NO.1794/2018 AS PER ANNEXURE-D EXPEDITIOUSLY IN ACCORDANCE WITH LAW.

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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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The petitioner is before this Court seeking a direction to the Principal Civil Judge & JMFC, Devanahalli to dispose of C.C.No.1794 of 2018 pending on his file expeditiously.

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Heard Sri Nishad S.A., learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondents 1 and 2.

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The petitioner is an accused in Crime No.85 of 2017 registered before International Airport Police Station for offences

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punishable under Sections 323, 354, 354A and 504 of the IPC. The merit of the complaint is not what drives the petitioner to this Court. The complaint was filed in the year 2017 and the charge sheet in the case at hand was also filed in the year 2018. Since then there is no progress in the trial is what the learned counsel for the petitioner complains by taking this Court through the order sheet appended.

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The learned counsel for the petitioner also places on record that the petitioner has completed his Engineering in August 2021 and he is not able to secure any job on the strength of a degree, only on the score that the present criminal case in C.C.No.1794 of 2018 is pending consideration at the hands of the competent Court. Since pendency of criminal case against the petitioner would take away his job opportunities, he has preferred the subject petition seeking a direction for speedy disposal of the criminal case pending before the trial Court.

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In the light of the petitioner being a job seeker, though he is alleged of offences under Sections 354 and 354A of the IPC, speedy trial would become necessary notwithstanding the burden on Courts, as in the event of his success in the criminal case the petitioner may explore his job opportunities.

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In the light of peculiar facts, the concerned Court before whom C.C.No.1794 of 2018 is pending consideration shall endeavour to expeditiously conclude the trial, at any rate, within a period of nine months from the date of receipt of a copy of this order.

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Ordered accordingly.

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Sd/JUDGE

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bkp CT:MJ

Sri Kshitiz Gurung v. the State of Karnataka

Case brief

What is this about?

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Sri Kshitiz Gurung v. the State of Karnataka

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