Petitioners sought discharge of offences under Sections 504, 353 and 332 IPC after the Magistrate rejected their Section 239 Cr.P.C. application and the Sessions Court dismissed their first revision. The High Court held a second revision was barred by Section 397(3) Cr.P.C. and dismissed it as not maintainable.
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:39597 CRL.RP No. 1492 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL REVISION PETITION NO. 1492 OF 2023 (397(Cr.PC) / 438(BNSS))
BETWEEN:
Digitally signed by ANJALI M Location: High Court of Karnataka
(BY SRI. NAGARAJ SHETTY., ADVOCATE)
…PETITIONERS
AND:
NC: 2024:KHC:39597 CRL.RP No. 1492 of 2023
BENGALURU - 560 001.
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 05.08.2023 PASSED BY THE LXII CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGLAURU IN CRL.REV.NO.40/2023 AND ALLOW THE DISCHARGE APPLICATION FILED BY THE APPELLANTS U/S 239 OF CR.P.C., OFFENCES P/U/S 504, 353, 332 OF IPC, REGISTERED WITH CUBBON PARK POLICE STATION IN C.C.NO.15747/2019, ON THE FILE OF VIII ADDL. CHIEF METROPOLITAN MAGISTRATE AND PASS SUCH OTHER ORDER AS THIS HONBLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
There is no representation on behalf of the petitioner.
NC: 2024:KHC:39597 CRL.RP No. 1492 of 2023
IPC in C.C.No.15747/2019 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru.
3. Accordingly, I pass the following:
ORDER
ii) The petitioner is at liberty to file an appropriate proceeding before the appropriate forum in the manner known to law.
Sd/(PRADEEP SINGH YERUR) JUDGE
AM List No.: 1 Sl No.: 8
1 issue framed by the court
Whether a second revision petition against rejection of a discharge application under Section 239 Cr.P.C. is maintainable in the High Court despite the bar under Section 397(3) Cr.P.C.
5 provisions across 4 enactments
Syed Rehaman Nubain
Kiran Louis
Husnen
State of Karnataka
Madhusudan A M
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
