Disposed

Sri Premsingh Choudary v. State of Karnataka

Karnataka HC20 Sept 2023CRL.P/6427/2023

Case brief

AI extract

What is this about?

The High Court held that an application for discharge under Section 302 of Cr.P.C. is not maintainable at the stage where accused persons have appeared but trial has not commenced, disposing the petition with liberty to file application later.

What did the court decide?

Application under Section 302 Cr.P.C. is not maintainable at this stage; liberty granted to file at appropriate stage.

Sri Premsingh Choudary Vs State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2023)

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1 - NC: 2023:KHC:35815 CRL.P No. 6427 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6427 OF 2023

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BETWEEN:

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SRI PREMSINGH CHOUDARY SON OF BAGMAU CHOUDARY AGED ABOUT 46 YEARS, R/AT NO.51, 1ST CROSS, MOTHER THERESA ENCLAVE, MARIYANNA PALYA MAIN ROAD, AMRUTHHALLI, BENGALURU-560024.

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…PETITIONER

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(BY SRI. SANTOSH S. NAGARALE., ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY R T NAGAR POLICE STATION, REP BY SPP, KARNATAKA HIGH COURT BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560001. 2. SUMERSINGH SON OF RAMDHAR, AGED ABOUT 34 YEARS, R/AT NO.59/1, 3RD CROSS, 5TH MAIN ROAD, OLD GANGANAGAR, R T NAGAR, BENGALURU-560032.

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2 - NC: 2023:KHC:35815 CRL.P No. 6427 of 2023

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MOUSAM KUMAR SON OF BHARATHLAL, AGED ABOUT 21 YEARS, R/AT NO.59/1, 3RD CROSS, 5TH MAIN ROAD, OLD GANGANAGAR, R T NAGAR, BENGALURU-560032.

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AJITH SINGH SON OF BORESINGH, AGED ABOUT 20 YEARS, R/AT NO.59/1, 3RD CROSS, 5TH MAIN ROAD, OLD GANGANAGAR, R T NAGAR, BENGALURU-560032. 5. ROHITHSHA SON OF RANVIR, AGED ABOUT 19 YEARS, R/AT NO.59/1, 3RD CROSS, 5TH MAIN ROAD, OLD GANGANAGAR, R T NAGAR, BENGALURU-560032. 6. BHAUDHAR SON OF BHAGMAL, AGED ABOUT 46 YEARS, R/AT NO.59/1, 3RD CROSS, 5TH MAIN ROAD, OLD GANGANAGAR, R T NAGAR, BENGALURU-560032.

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA., HCGP FOR R1)

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THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.06.2023 AT

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3 - NC: 2023:KHC:35815 CRL.P No. 6427 of 2023

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ANNEXURE-G AND ALLOW THE APPLICATION FILED BY SEC. 302 OF THE CR.P.C. BY THE PETITIONER AND ETC.,

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The order passed by the learned Magistrate rejecting the application filed by the petitioner/accused under Section 302 of Cr.P.C. is impugned in this petition.

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Heard the learned counsel for the petitioner and learned HCGP for the respondent-State.

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The matter is set out for appearance of the accused and the trial has not yet commenced. Therefore, the application under Section 302 of Cr.P.C at this stage is not maintainable. Accordingly, the petition is disposed of reserving liberty to the petitioner to file an application at the appropriate stage and if an such application is filed, the learned Magistrate to consider the same in accordance with law.

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Sd/JUDGE

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RKA

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List No.: 2 Sl No.: 13

Sri Premsingh Choudary v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Premsingh Choudary v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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