Dismissed

Sri S Balakrishna Jois v. the State by the Police Sub Inspector

Karnataka HC22 Mar 2024CRL.P/3311/2018

Case brief

AI extract

What is this about?

A Section 239 CrPC discharge application challenge in C.C.No.299/2017 became moot because the trial court had already discharged the petitioner and disposed of the matter; the High Court accepted the disposal memo and dismissed the criminal petition as infructuous.

What did the court decide?

None; petition dismissed as infructuous following memo recording petitioner's discharge by trial court.

Sri S Balakrishna Jois Vs the State by the… — Criminal Trial and Appeal | Karnataka HC (2024)

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NC: 2024:KHC:12018 CRL.P No. 3311 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO. 3311 OF 2018 (482)

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BETWEEN:

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SRI S BALAKRISHNA JOIS S/O SATHYANARAYANA JOIS AGED ABOUT 54 YEARS, R/O DASAKERI SHIKARAIPURA TOWN-5774273 SHIVAMOGGA DISTRICT

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…PETITIONER

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(BY SRI. H.N. BASAVARAJU .,ADVOCATE)

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AND:

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THE STATE BY THE POLICE SUB INSPECTOR TOWN POLICE STATION, SHIKARIPURA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI TUNGESH T MISHRA S/O TUNGESH TRIBHUVAN MISHRA AGED ABOUT 36 YEARS, FIELD OFFICER, TARGET AGENCY, R/O BAPISTA COMPOUND, JAWAHAR NAGAR ROAD NO.1 GOREGAON (W), MUMBAI CITY, MAHARASTRA-400062

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…RESPONDENTS (BY SRI. M.R. PATIL., HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO CALL FOR THE RECORDS RELATING TO C.C.NO.299/2017 FROM THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JUDICIALMAGISTRATE FIRST CLASS, SHIKARIPURA AND ETC.

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NC: 2024:KHC:12018 CRL.P No. 3311 of 2018

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

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ORDER

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The petitioner is before this Court seeking for the following relief:

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a. Call for the records relating to C.C.No.299/2017 from the file of the learned Senior Civil Judge and Judicial Magistrate First Class, Shikaripura

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b. Set aside the order dated 09.03.2018 passed by the learned Senior Civil Judge and JMFC Shikaripura, in C.C.No.299/2017 rejecting the application filed under the Section 239 of the Cr.P.C.

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c. Consequently allow the application filed by the petitioner under Section 239 of the Cr.P.C. in C.C.No.299/2017 on the file of the learned senior Civil Judge and JMFC, Shikaripura, as prayed for.

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d. Pass any appropriate order or direction as this Hon’ble Court it fit and proper in the facts and circumstances of the case and allow this criminal petition in the ends of justice.

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A memo dated 22.3.2024 has been filed and signed by the learned counsel for the petitioner which reads as under;

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Memo for Disposal

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The Counsel for the petitioner respectfully prays that the proceeding in C.C.No.299/2017 before the Sr.Civil Judge and JMFC, Shikaripura has discharged the petitioner as the prosecution has filed to prove the charges against the petitioner

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3 - NC: 2024:KHC:12018 CRL.P No. 3311 of 2018

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and finally on 30.01.2023 the trial court disposed of the main matter itself.

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In view of the same the present Criminal Petition became infructuous and same may kindly be disposed of as it become infructuous in the ends of justice and equity.

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Accepting the said memo and submission of the learned counsel for the petitioner, the petition is

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dismissed as having become infructuous .

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Sd/JUDGE

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List No.: 1 Sl No.: 27

Sri S Balakrishna Jois v. the State by the Police Sub Inspector

Case brief

What is this about?

What did the court decide?

Sri S Balakrishna Jois v. the State by the Police Sub Inspector

Case brief

What is this about?

What did the court decide?

What the court decided

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