Dismissed

Mr. Gopal B v. State of Karnataka

Karnataka HC13 Sept 2023CRL.P/1905/2019

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed five Criminal Petitions filed under Section 482 CrPC seeking to quash criminal proceedings. The court held that since discharge applications were already pending before the Trial Court, the petitioner must first exhaust remedies at that forum.

What did the court decide?

Petitions dismissed with direction to exhaust remedies by filing discharge applications first in the Trial Court.

Mr. Gopal B Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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CRIMINAL PETITION NO. 1905 OF 2019 C/W

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CRIMINAL PETITION NO. 1900 OF 2019, CRIMINAL PETITION NO. 1901 OF 2019, CRIMINAL PETITION NO. 1902 OF 2019, CRIMINAL PETITION NO. 1903 OF 2019, CRIMINAL PETITION NO. 1904 OF 2019

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IN CRL.P.NO.1905/2019:

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BETWEEN:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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MR. GOPAL B., SON OF BYRE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT 1/1/83, HARIKRUPA NILAYA, ARKAVATHI NORTH LAYOUT, B.M. ROAD, RAMANAGARA-571 511.

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(BY SRI. VIJAY N. HIREMATH, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE)

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AND:

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…PETITIONER

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STATE OF KARNATAKA THROUGH JNANABHARATHI POLICE STATION, BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AT BENGALURU.

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARABHAVI MAIN ROAD, NGEF LAYOUT, NAGARABHAVI,

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NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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BANGALORE 560072. REPRESENTED BY ITS DIRECTOR, DR. H. MALLESHA

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ALSO AT: NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU-560010.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 16.07.2018, PASSED IN C.C.NO.22634/2018 ON THE FILE OF THE HON'BLE 4^TH A.C.M.M., BENGALURU AND ETC.

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IN CRL.P.NO.1900/2019:

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BETWEEN:

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MR. GOPAL B., SON OF BYRE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT 1/1/83, HARIKRUPA NILAYA, ARKAVATHI NORTH LAYOUT, B.M. ROAD, RAMANAGARA-571 511.

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…PETITIONER

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(BY SRI. VIJAY N. HIREMATH, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH JNANABHARATHI POLICE STATION, BENGALURU, REPRESENTED BY SPP,

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NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARABHAVI MAIN ROAD, NGEF LAYOUT, NAGARABHAVI, BANGALORE 560072.

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REPRESENTED BY DR. H. MALLESHA RESIDING AT NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU-560010.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 19.07.2018 PASSED IN CR.NO.29/2017 IN C.C.NO.22600/2018 ON THE FILE OF THE HON'BLE 4^th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND ETC.

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IN CRL.P.NO.1901/2019:

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BETWEEN:

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MR. GOPAL B., SON OF BYRE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT 1/1/83, HARIKRUPA NILAYA, 2^ND CROSS, ARKAVATHI NORTH LAYOUT, B.M. ROAD, RAMANAGARA-571 511. (BY SRI. VIJAY N. HIREMATH, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE)

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…PETITIONER

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4 - NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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AND:

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STATE OF KARNATAKA THROUGH JNANABHARATHI POLICE STATION, BENGALURU, REPRESENTED BY SPP

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARABHAVI MAIN ROAD, NGEF LAYOUT, NAGARABHAVI, BANGALORE 560072. REPRESENTED BY DR. H. MALLESHA RESIDING AT NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU-560010.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 16.07.2018, PASSED IN C.C.NO.22629/2018 ON THE FILE OF THE HONBLE 4^TH A.C.M.M., BENGALURU AND ETC.

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IN CRL.P.NO.1902/2019:

BETWEEN:

…PETITIONER

5 - NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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AND:

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STATE OF KARNATAKA THROUGH JNANABHARATHI POLICE STATION, BENGALURU, REPRESENTED BY SPP

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARABHAVI MAIN ROAD, NGEF LAYOUT, NAGARBHAVI, BANGALORE 560072.

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REPRESENTED BY DR. H. MALLESHA AGED ABOUT 44 YEARS, RESIDING AT NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 19.07.2018, PASSED IN C.C.NO.22630/2018 ON THE FILE OF THE HONBLE 4^TH A.C.M.M., BENGALURU AND ETC.

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IN CRL.P.NO.1903/2019:

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BETWEEN:

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MR. GOPAL B., SON OF BYRE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT 1/1/83, HARIKRUPA NILAYA, 2^ND CROSS, ARKAVATHI EXTENSION,

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6 - NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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WARD NO.1, RAMANAGARAM, RAMANAGAR, KARNATAKA-562159.

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…PETITIONER

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(BY SRI. VIJAY N. HIREMATH, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE) AND:

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STATE OF KARNATAKA THROUGH JANABHARATHI POLICE STATION, BENGALURU-560001, REPRESENTED BY SPP OF HIGHCOURT OF KARNATAKA.

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARBHAVI MAIN ROAD, NGEF LAYOUT, NAGARBHAVI, BANGALORE 560072.

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REPRESENTED BY ITS DIRECTOR, DR. H. MALLESHA RESIDING AT NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU-72.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 16.07.2018 AND SIGNED ON 19.07.2018, PASSED IN C.C.NO.22631/2018 ON THE FILE OF THE HONOURABLE 4TH A.C.M.M., BENGALURU AND ETC.

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NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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IN CRL.P.NO.1904/2019:

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BETWEEN:

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MR. GOPAL B., SON OF BYRE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT 1/1/83, HARIKRUPA NILAYA, ARKAVATHI NORTH LAYOUT, B.M.ROAD, RAMANAGARA-571511. (BY SRI. VIJAY N. HIREMATH, ADVOCATE FOR SRI. VAMSHI KRISHNA C., ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA THROUGH JANABHARATHI POLICE STATION, BENGALURU-560001, REPRESENTED BY SPP

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ROBUST MATERIALS TECHNOLOGY PRIVATE LIMITED NO. 94, 2^ND FLOOR, THIRUMALA COMPLEX, NAGARBHAVI MAIN ROAD, NGEF LAYOUT, NAGARBHAVI, BANGALORE 560072. REPRESENTED BY ITS DIRECTOR, DR. H. MALLESHA AGED ABOUT 48 YEARS, SON OF B.N.HONNAIAH, RESIDING AT NO.177, 7^TH CROSS, 1^ST BLOCK, RAJAJINAGAR, BENGALURU.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYAN A., ADVOCATE FOR RESPONDENT NO.1;

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SRI. A.G.SHIVANNA, SENIOR ADVOCATE FOR SMT. M.V.TANUJA, ADVOCATE FOR RESPONDENT NO.2)

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8 - NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 19.07.2018, PASSED IN C.C.NO.22632/2018 ON THE FILE OF THE HONBLE 4^TH A.C.M.M., BENGALURU AND ETC.

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THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The common petitioner in all these cases has challenged the prosecution launched against him in C.C.Nos.22634/2018, 22600/2018, 22629/2018, 22630/2018, 22631/2018 and 22632/2018 for the offences punishable under Section 406, 420, 120B, 504, 506 read with Section 34 of IPC pending trial before the IV Additional Chief Metropolitan Magistrate, Bengaluru (henceforth referred to as 'Trial Court').

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When these petitions were listed for final hearing, it is pointed out by the learned Senior counsel representing the respondent No.2 that the petitioner has already filed applications before the Trial Court seeking for discharge on 22.12.2022 and therefore, these petitions are not maintainable.

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9 - NC: 2023:KHC:33587 CRL.P No. 1905 of 2019 C/W CRL.P No. 1900 of 2019 CRL.P No. 1901 of 2019 CRL.P No. 1902 of 2019 CRL.P No. 1903 of 2019 CRL.P No. 1904 of 2019

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This is not disputed by the learned counsel for the

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petitioner.

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If the petitioner has already approached the Trial

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Court seeking discharge, it is appropriate to direct the petitioner to first exhaust his remedy before the Trial Court and thereafter approach this Court, if need be.

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In that view of the matter, these petitions are

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dismissed.

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It is open for the petitioner to pursue his applications for discharge before the Trial Court and if need be approach this Court challenging the charge-sheet in accordance with law.

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Sd/JUDGE

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PMR

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List No.: 1 Sl No.: 11

Mr. Gopal B v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Gopal B v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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