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Mr Rajesh Sahani Vs State by — Criminal Trial and Appeal | Karnataka HC (2023)

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Karnataka HC
2023
Mr Rajesh Sahani Vs State byMr Rajesh Sahani v. State by

Dismissed

Mr Rajesh Sahani v. State by

Karnataka HC25 Sept 2023WP/51686/2019

Case brief

AI extract

What is this about?

High Court dismissed the writ petition filed under Section 482 CrPC for non-prosecution as the petitioners failed to appear on the date of hearing.

What the court decided

AI extract

A

1 - NC: 2023:KHC:34855 WP No. 51686 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 51686 OF 2019 (GM-RES)

BETWEEN:

MR. RAJESH SAHANI S/O. BHANESHWA SAHANI, AGED ABOUT 45 YEARS, RESIDING AT NO.27, 1^ST MAIN, 6^TH CROSS, KSRTC LAYOUT, HEROHALLI, BANGALORE NORTH TALUK, BENGALURU-560091.

MR. JAPAN KUMAR (JAAPOSAHANI) S/O. VIPAD SAHANI, AGED ABOUT 42 YEARS, GRAM POST SADPUR (E) THANA SAHEBPUR KAMAL, WARD NO.10, SADPUR, BEGUSARAI, BIHAR-851211

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

MR. PANNALAL SAHANI S/O. DASHARATH SAHANI AGED ABOUT 25 YEARS, NO.65/4, 4^TH CROSS, 6^TH MAIN ROAD, KALIKAMBA TEMPLE ROAD, KAMAKSHIPALYA, RANGANATHAPURA, BANGALORE-560079

Parties & counsel

AI extract

petitioner
MR. RAJESH SAHANI S/O. BHANESHWA SAHANI
petitioner
MR. JAPAN KUMAR (JAAPOSAHANI)
petitioner
MR. PANNALAL SAHANI S/O. DASHARATH SAHANI
petitioner
MR. RAMASHISH SAHANI S/O. FOWDAR SAHANI
petitioner
MR. KEVAL SAHANI S/O. VIPATH SAHANI
respondent

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Sept 2023 · September
Registered: 3 Dec 2019
Case no.: WP/51686/2019

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Cite this judgement

Mr Rajesh Sahani v. State by, WP/51686/2019 (KA), decided on 25 September 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R. NATARAJ

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The petition filed under Section 482 CrPC for quashing of FIR was dismissed for non-prosecution as the petitioners did not appear on the date of hearing despite notice. No representation was filed.

A compact analysis

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.

MR. RAMASHISH SAHANI S/O. FOWDAR SAHANI, AGED ABOUT 61 YEARS, NO.36, MAHADESHWARA NAGAR, HEROHALLI CROSS, BANGALORE NORTH,

2 - NC: 2023:KHC:34855 WP No. 51686 of 2019

BANGALORE-560091

MR. KEVAL SAHANI S/O. VIPATH SAHANI, AGED ABOUT 33 YEARS, GRAM POST SADPUR (E) THANA SAHEBPUR KAMAL, WARD NO.10, SADPUR, BEGUSARAI, BIHAR-851211

…PETITIONERS

(BY SRI. RAJESHA SHETTIGARA, ADVOCATE (ABSENT))

AND:

STATE BY BYDARAHALLI POLICE STATION, BENGALURU RURAL, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU RURAL.

SMT. USHA DEVI W/O. RAJESH SAHANI, AGED ABOUT 39 YEARS, RESIDING AT NO.27, 1^ST MAIN, 6^TH CROSS, KSRTC LAYOUT, HEROHALLI, BANGALORE NORTH TALUK, BENGALURU-560091.

…RESPONDENTS

(BY SRI. RAHUL CARIAPPA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

NOTICE SERVED ON RESPONDENT NO.2)

THIS WP IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.249/2019 DATED 18.09.2019 FILED BY THE FIRST RESPONDENT POLICE PENDING ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, BANGALORE RURAL, BANGALORE DISTRICT, INITIATED AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 AND 149 OF IPC ANNEXURE-A.

3 - NC: 2023:KHC:34855 WP No. 51686 of 2019

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

There is no representation for the petitioner. Even on the

last date of hearing, there is no representation.

Even on earlier three dates, there was no representation for the petitioner. Hence, it appears that the petitioner is not interested in prosecuting the petition. Therefore, the petition is dismissed for non-prosecution.

Sd/JUDGE

HJ

List No.: 1 Sl No.: 37

STATE

Coram

AI extract

R. NATARAJ

CNR

KAHC010466662019

Topic

Criminal Trial and Appeal

Bench

Disposal

Dismissed for Non-Prosecution

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