High Court dismissed the writ petition filed to quash the order in a criminal appeal, granting the petitioner liberty to approach the Trial Court for discharge.
Petition dismissed with liberty to file appropriate application before Trial Court to seek discharge.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 7080 OF 2019 (GM-RES)
BETWEEN:
VINAY VAJANDAR S/O. LATE YASHWANTH, AGED ABOUT 66 YEARS, NO.77/1, 'YASHO-VUN' 2ND CROSS, 1ST MAIN, KRISHNARAJU LAYOUT, NEXT TO KALYANI MAGNUM BOARD, J.P. NAGAR, IV PHASE, BENGALURU-560076
…PETITIONER
(BY SRI. NAGENDRA NAIK R., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
M/S. SGP PRAJWAL AGRO FARMS REP. BY ITS PROPRIETOR, SRI K.P. SOMANATHACHAR , S/O M.R. PUTTACHAR, AGED ABOUT 61 YEARS, NO.98, "SRI HONNADEVI KRUPA", ANDECHATRA CROSS, M.G. ROAD, CHIKKAMAGALURU.
…RESPONDENT (BY SRI. K.S. GANESHA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR RECORDS IN C.C. NO.432/2016 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, CHIKKAMAGALURU AND QUASH THE ORDER DATED 12.05.2016 IN PCR NO.21/2009 (CC NO.432/2016) ON THE FILE OF
CHIEF JUDICIAL MAGISTRATE, CHIKKAMAGALURU VIDE ANNEXUREA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner after arguing the petition at length, submitted that the petitioner may be reserved liberty to argue for discharge before the Trial Court.
dismissed.
Sd/JUDGE
HJ
List No.: 1 Sl No.: 14
1 issue framed by the court
Whether the petition under Article 226 and 227 read with Section 482 CrPC should be dismissed with liberty to seek discharge before the Trial Court.
1 provisions across 1 enactments
VINAY VAJANDAR S/O. LATE YASHWANTH
M/S. SGP PRAJWAL AGRO FARMS REP. BY ITS PROPRIETOR, SRI K.P. SOMANATHACHAR
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
