Allowed

Sri Aruna Naga Devadiga v. State of Karnataka

Karnataka HC11 Jan 2024CRL.P/3001/2023

Case brief

AI extract

What is this about?

Complainant sought a direction for expeditious disposal of a seven-year-old criminal case concerning alleged job fraud involving Konkan Railway land acquisition. The court allowed the petition and directed the Byndoor trial court to decide the case within six months.

What did the court decide?

Direction to Principal Civil Judge and JMFC, Byndoor to dispose of C.C. No.367/2017 (new C.C. No.1410/2023) within six months.

Sri Aruna Naga Devadiga Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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1 - NC: 2024:KHC:1671 CRL.P No. 3001 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 3001 OF 2023

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BETWEEN:

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SRI. ARUNA NAGA DEVADIGA S/O LATE B. NAGA DEVADIGA, AGED ABOUT 34 YEARS, R/AT MALLURKERI HOUSE, BIJOOR VILLAGE AND POST, BYNDOOR TALUK, UDUPI DISTRICT - 576 232.

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…PETITIONER

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(BY SRI. RAVISHANKAR S., ADVOCATE) AND:

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Digitally signed by SHOBHA C Location: High Court of Karnataka

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STATE OF KARNATAKA REPRESENTED BY BYNDOOR P.S. BYNDOOR TALUK, UDUPI DISTRICT - 576 214. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE. (BY SRI. VINAY MAHADEVAIAH, HCGP)

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…RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE THE OLD C.C.NO.367 OF 2017 NEW C.C.NO.1410 OF 2023 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC, BYNDOOR WITHIN A TIME FRAME.

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

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2 - NC: 2024:KHC:1671 CRL.P No. 3001 of 2023

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ORDER

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This criminal petition is filed by petitioner-complainant under Section 482 of Cr.P.C. seeking a direction to the Principal Civil Judge and JMFC, Byndoor, Udupi District, to dispose of criminal proceedings in C.C. No.367/2017, new C.C. No.1410/2023, within a time frame.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.

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The case of the petitioner is that the petitioner was said to be applied for a post under the Scheme of Konkan Railway Corporation Limited, where the Konkan Railway Corporation Limited said to be acquired the land of the petitioner's family and provided job to one of the family members of the petitioner. When the petitioner applied for the post, he came to know that some other person was already in the job in the name of the family of the petitioner. Hence, the petitioner filed a complaint in the year 2016, and in spite of the lapse of seven years, the case is pending. The Konkan Railways has insisted that until disposal of the case, it cannot take any steps for the grant of any job to the petitioner.

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NC: 2024:KHC:1671 CRL.P No. 3001 of 2023

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Hence, the petitioner filed a writ petition in W.P. No.14110/2020 before this Court for a writ of mandamus, which came to be dismissed holding that till the disposal of the criminal case, the question of giving A direction to hold enquiry does not arise. Hence, the petitioner is before this Court.

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Having heard the arguments of learned counsel for the parties, perused the records.

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Of course, the complaint came to be filed in the year 2016. The case was earlier pending before the Court at Kundapur, Kundapur Taluk, Udupi District. Now, the case is transferred to the Court at Byndoor, Byndoor Taluk, Udupi District, in view of establishment of the Court at Byndoor. The

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case is pending for more than seven years. Of course, the Byndoor Court was established recently. Considering the same, it is necessary for this Court to issue direction to the trial Court to dispose of the matter.

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Accordingly, the criminal petition is allowed. The Principal Civil Judge and JMFC, Byndoor, is directed to dispose of the matter in C.C. No.367/2017, New C.C. No.1410/2023,

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NC: 2024:KHC:1671 CRL.P No. 3001 of 2023

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within a period of six months from the date of receipt of copy of

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this order.

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Sd/JUDGE

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CS List No.: 1 Sl No.: 60 CT:SK

Sri Aruna Naga Devadiga v. State of Karnataka

Case brief

What is this about?

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Sri Aruna Naga Devadiga v. State of Karnataka

Case brief

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