Connected criminal petitions under Section 482 Cr.P.C. and a writ petition challenging proceedings in C.C.No.8178/2002 were dismissed for non-prosecution as petitioners' counsel was absent on multiple occasions.
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.
NC: 2024:KHC:19188 CRL.P No. 5926 of 2023 And Connected Matters
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 5926 OF 2023 (482) C/W
CRIMINAL PETITION NO. 7448 OF 2021 (482) CRIMINAL PETITION NO. 9946 OF 2022 (482) CRIMINAL PETITION NO. 4582 OF 2023 (482) CRIMINAL PETITION NO. 5927 OF 2023 (482) CRIMINAL PETITION NO. 10676 OF 2023 (482) WRIT PETITION NO. 6074 OF 2024 (GM-RES)
IN CRL.P. 5926/2023 BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
S. GOWRI W/O N. NAGARAJ, AGED 64 YEARS, RESIDING AT NO 145, RAMA VILAS ROAD, MYSORE-570004
…PETITIONER
(BY SRI. MANJUNATHA NAIK.,ADVOCATE-ABSENT)
AND:
THE COMPANIES ACT 1956, AND HAVING ITS REGISTERED OFFICE AT NO.31, SAROJINI DEVI ROAD, SECUNDERABAD-560003 ANDHRAPRADESH. AND HAVING ITS BRANCH & CORPORATE OFFICE AT 405, 4TH FLOOR, A WING CARLTON TOWERS, NO.1, AIRPORT ROAD, BANGALORE-560008 HEREIN REPRESENTED BY ITS AUTHORISED SIGNATORY & THE COMPANY SECRETARY Mr. K. SURESH
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET-ASIDE OR QUASH THE ORDER PASSED BY THE LEARNED IV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, BANGALORE, DATED 24.11.2022 THEREBY DISMISSING THE APPLICATION FILED BY THIS PETITIONER U/S 239 AND 245 OF CR.P.C. AND CONSEQUENTLY ALLOW THE SAID APPLICATION FILED BY THE PETITONER U/S 239 AND 245 OF CR.P.C. AND DISCHARGE THE PETITIONER IN C.C.NO.8178/2002 FOR THE OFFENCE P/U/S 409, 417, 420, 468, 471, 474 R/W SEC. 34, 35 AND 37 OF IPC AND ETC.
IN CRL.P. 7448/2021 BETWEEN:
SRI. B N NANJUNDASWAMY S/O LATE NANJUNDAIAH AGED 55 YEARS RESIDING AT NO 21/38/1C KADIRENAHALLI II MAIN ROAD JCHS, PADMANABHANAGAR BENGALURU - 560070
...PETITIONER
(BY SRI: SANJAYA KUMAR K N-ABSENT)
AND
1 . THE STATE OF KARNATAKA BY JEEVANBHIMANAGAR POLICE BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560001 2 . THE ADVANTA INDIA LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO 31 SAROJINI DEVI ROAD SECUNDERABAD - 500003 ANDHRA PRADESH AND HAVING ITS BRANCH AND CORPORATE OFFICE AT NO. 405 4TH FLOOR A WING CARLTON TOWRS NO 1 AIRPORT ROAD BANGALORE - 560008
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO CALL THE ENTIRE RECORDS IN C.C.NO.8178/2002 ON THE FILE OF THE THIRD ACMM COURT AT BANGALORE AND EXAMINE THE RECORDS AND ORDER PASSED BY THE LEARNED MAGISTRATE, DATED 25.08.2021 AND SET ASIDE THE SAID ORDER BY ALLOWING THE APPLICATION FILED BY THE PETITIONER UNDER SEC.239 AND 245 OF CR.PC AND ETC.
IN CRL.P. 9946/2022 BETWEEN:
SRI.RAMALINGE GOWDA S/O LATE CHANNEGOWDA AGED ABOUT 62 YEARS R/AT NO 15, 6TH B CROSS
BEHIND SRIRAMA MANDIRA 2ND MAIN, CHOWDESHWARI NAGAR BENGALURU - 560058
...PETITIONER
(BY SMT : B V VIDYULATHA., ADVOCATE-ABSENT)
AND:
1 . STATE OF KARNATAKA JEEVANBHEEMANAGAR POLICE STATION JEEVANBHEEMANAGAR BENGALURU 560056 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560001
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.8178/2002 ARISING OUT OF PCR.NO.264/2002 ON THE FILE OF IV ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 409, 417, 418, 419, 420, 468, 471, 474 R/W 34 AND 35 OF IPC.
IN CRL. P.4582/2023 BETWEEN:
SRI B N SHIVANNA S/O LATE NANJUNDAIAH AGED ABOUT 53 YEARS R/AT NO. 8/6, 3RD CROSS, MUNESHWARANAGAR, PADMANABHANAGAR, KADIRENAHALLI (NEXT TO PETROL BUNK) BANGALORE-560070
AND ALSO AT R/AT NO 5, 1/1, 1ST CROSS, 1ST MAIN, SUJATHA COMPLEX GANDHINAGAR, BENGALURU 560009
...PETITIONER
(BY SRI: B.N. SHIVANNA., PETITIONER/PARTY-IN-PERSON-ABSENT)
AND
1 . THE STATE OF KARNATAKA BY JEEVAN BHEEMANAGAR POLICE REP THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-01 2 . THE ADVANTA INDIA LIMITED NO 31 SAROJINI DEVI ROAD SECUNDERABAD - 500003 ANDHRA PRADESH AND HAVING ITS BRANCH AND CORPORATE OFFICE AT NO. 405 4TH FLOOR A WING CARLTON TOWRS NO 1 AIRPORT ROAD BANGALORE – 560008 REP BY ITS AUTHORISED SIGNATORY AND COMPANY SECRETARY …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO CALL FOR THE ENTIRE RECORDS IN C.C.NO.8178/2002 PASSED BY THE 3RD ACMM COURT AT BENGALURU BY EXAMINING THE LEGALITY OF THE ENTIRE PROCEEDINGS AND ALLOW THE CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS AND ETC.
IN CRL.P 5927/2023 BETWEEN:
C. C. NARAYANA S/O CHELUVAIAH AGED 54 YEARS,. RESIDING AT. HEGGANAGHALLI, SANJEEVINAGAR, BANGALORE-560091.
...PETITIONER
(BY SRI: NANJE GOWDA C-ABSENT)
AND:
1 . STATE OF KARNATAKA BY JEEVABHEEMANAGAR POLICE, BANGALORE-560001. REP BY SPP.
2 . M/S ADVANTA INDIA LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO 31 SAROJINI DEVI ROAD SECUNDERABAD - 500003 ANDHRA PRADESH
AND HAVING ITS BRANCH AND CORPORATE OFFICE AT NO. 405 4TH FLOOR A WING CARLTON TOWRS NO 1 AIRPORT ROAD BANGALORE – 560008 REP BY ITS AUTHORISED SIGNATORY AND COMPANY SECRETARY Mr K. SURESH
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDE OR QUASH THE ORDER PASSED BY THE LEARNED IV A.C.M.M COURT BENGALURU DATED 24.11.2022 THEREBY DISMISSING THE
APPLICATION FILED BY THIS PETITIONER UNDER SEC.239 AND 245 OF CR.PC AND CONSEQUENTLY ALLOW THE SAID APPLICATION FILED BY THE PETITIONER UNDER SEC.239 AND 245 OF CR.PC AND DISCHARGE THE PETITIONER IN C.C.NO.8178/2002 ON THE FILE OF LEARNED III ADDL.C.M.M COURT BENGALURU FOR THE OFFENCE P/U/S 409,417,419,420,468,471,474 R/W 34,35 AND 37 OF IPC AND ETC.
IN CRL.P 10676/2023 BETWEEN:
N RAGHAVENDRA PRASAD S/O NAGARAJ, AGED 43 YEARS, R/AT NO.145, RAMAVILAS ROAD, MYSORE-570023
...PETITIONER
(BY SMT. M.G. MANJULA DEVI., ADVOCATE-ABSENT)
AND:
1 . STATE OF KARNATAKA BY JEEVABHEEMANAGAR POLICE, REP BY SPP. HIGH COURT BUILDING, BANGALORE-560001.
2 . THE ADVANTA INDIA LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO 31 SAROJINI DEVI ROAD SECUNDERABAD - 500003 ANDHRA PRADESH AND HAVING ITS BRANCH AND CORPORATE OFFICE AT NO. 405 4TH FLOOR A WING CARLTON TOWRS NO 1 AIRPORT ROAD BANGALORE – 560008
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA., HCGP FOR R1; SRI. SURAJ SAMPATH., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE FRAMED BY THE III ADDL.C.M.M., BENGALURU DATED 14.07.2023 AND CONSEQUENTLY QUASH ALL THE FURTHER PROCEEDINGS IN C.C.NO.8178/2002 ON THE FILE OF III ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 406, 408, 409, 463, 468, 471 R/W 34 AND 35 OF IPC.
IN W.P.6074/2024 BETWEEN:
B N SHIVANNA S/O LATE NANJUNDAIAH AGED ABOUT 53 YEARS R/A NO.5, SUJATHA COMPLEX 1/1, 1ST MAIN 1ST CROSS, GANDHINAGAR BANGALORE-560009
...PETITIONER
(BY SMT. M.G. MANJULA DEVI., ADVOCATE-ABSENT)
AND:
RESPONDENTS
BANGALORE-560027
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER DATED 06.01.2023 VIDE ANNEXURE-E I.E., THE VAKALATH FILED BY THE RESPONDENT NO.3 BEFORE THE LEARNED IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BANGALORE IN C.C.NO.8178/2002 AND ETC.
THESE CRIMINAL PETITIONS CONNECTED WITH WRIT PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
complaint with the jurisdictional police. In the event of such a complaint being filed, the jurisdictional police are directed to look into the matter and take necessary action.
Sd/JUDGE
PRS List No.: 2 Sl No.: 12
S. Gowri
B N Nanjundaswamy
Ramalinge Gowda
B N Shivanna
C. C. Narayana
N Raghavendra Prasad
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
