Disposed

Jayananda Gowda v. State of Karnataka

Karnataka HC5 Jul 2024WP/17818/2024

Case brief

AI extract

What is this about?

Accused in a chargesheet case sought quashing of cognizance and summons under Section 482 CrPC. The court declined to exercise inherent jurisdiction absent special circumstances and disposed of the petition, reserving liberty to move a discharge application before the trial court within four weeks.

What did the court decide?

Liberty to move discharge application under S.239/228 CrPC within four weeks; trial judge requested not to insist on personal presence till decision.

Jayananda Gowda Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:25549 WP No. 17818 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 17818 OF 2024 (GM-RES)

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BETWEEN:

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JAYANANDA GOWDA (NAME WRONGLY MENTIONED IN CHARGE SHEET) JAYANAND GOWDA T, S/O LOKAYYA GOWDA, AGED ABOUT 53 YEARS, RESIDENT OF H NO. 7-128/6, PRAJWAL, W NO. , KUTYARU ROAD, NEAR GOVT JUNIOR COLLEGE PLAY GROUND, BELTHANGADY, KARNATAKA -574 214.

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RAJESH M K (WRONGLY MENTIONED IN CHARGESHEET) RAJESHA MK S/O KRISHNAPPA, AGED ABOUT 35 YEARS, RESIDENT OF NO.1-105(2), NIDDAJE HOUSE, KALENJA, KAYARTHADKA, BELTHANGADY, DAKSHINA KANNADA – 574 216.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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NAVEEN

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(NAME WRONGLY MENTIONED IN CHARGESHEET) NAVEEN KUMAR G S/O AITAPPA RANYA, AGED ABOUT 33 YEARS, RESIDENT OF NO. 1-314, SAMPIGE HOUSE, GAMPADAKODI, NERIYA POST, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA -574 228.

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CHANDRAHAS DAS, S/O LATE LAKSHMAN DAS, AGED ABOUT 58 YEARS, RESIDENT OF NO. 1-420, BADYAR HOUSE, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA- 574 217.

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JAGADISH S/O SHRINIVASA, (WRONGLY MENTIONED IN CHARGESHEET) S/O SRINIVASA HEGDE, AGED ABOUT 31 YEARS, RESIDENT OF HOUSE NO. 1-366/3 KANNAJE HOUSE, KANNAJE, LAILA, DAKSHINA KANNADA, KARNATAKA -574 214.

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GIRISH DONGRE S/O K MAHADEVA DONGRE, AGED ABOUT 53 YEARS, RESIDENT OF NO. 2-56(5) NISARGA SADANA, LAILA VILLAGE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA -574 214.

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UMESH KULAL (NAME WRONGLY MENTIONED IN CHARGESHEET) UMESH M S/O KRISHNAPPA KULAL, (WRONGLY MENTIONED IN CHARGESHEET) S/O KRISHNAPPA MOOLYA, AGED ABOUT 39 YEARS, RESIDENT OF NO. 1-478(A), MAKEREKERE HOUSE BELTHANGADY TALUK, KUVETTU, DAKSHINA KANNADA, KARNATAKA- 574 217.

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YASHAVANTHA GOWDA, (NAME WRONGLY MENTIONED IN CHARGESHEET) YASHAVANTHA B T, S/O THIMAPPA GOWDA, (WRONGLY MENTIONED IN CHARGESHEET) S/O P THIMAPPA GOWDA, AGED ABOUT 36 YEARS, RESIDENT OF BELALU VILLAGE, BELTHANGADY (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) RESIDENT OF BANANDOOR HOUSE, BELALU, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA-574 240.

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DINESH POOJARI

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(NAME WRONGLY MENTIONED IN CHARGESHEET) DINESH S/O ANNU , AGED ABOUT 43 YEARS, RESIDENT OF MUDAIBETTU, CHARMADI, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA -574 228.

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SHASHIDHAR PRAYA (NAME WRONGLY MENTIONED IN CHARGESHEET) M SHASHIDHARA S/O KEMPAYYA MADIVALA, AGED ABOUT 48 YEARS, RESIDENT OF 3 RD 114/1 NIDIGAL, BELTHANGADY, KALAMANJA, DAKSHINA KANNADA, KARNATAKA 574 228.

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GANESH K S/O CHEENKRA GOWDA AGED ABOUT 45 YEARS, RESIDENT OF KODAPATYA HOUSE, SAMEDA KALAPU, PUDUVETTU, BELTHANGADY, DAKSHIA KANNADA, KARNATAKA 574 216.

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RAVINANDAN (NAME FULLY NOT MENTIONED IN CHARGESHEET) RAVINANDAN N S/O RAGHAVA HEGDE, AGED 32 YEARS RESIDENT OF NO. 8-262(1) NATTIBAILU HOUSE PUTTUR TALUK, UPPINANGADY, DAKSHINA KANNADA, KARNATAKA-574 241.

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RANJITH SHETTY (NAME WRONGLY MENTIONED IN CHARGESHEET) RANJITH S/O SEETHARAMA SHETTY AGED ABOUT 36 YEARS RESIDENT AT MADDADKA HOUSE, KORIYARU ROAD, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED) RESIDENT AT RAJASHREE KREPA, MADDADKA, BELTHANGADY TALUK, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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AVINASH

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(NAME WRONGLY MENTIONED IN CHARGESHEET) AVINASH KUMAR R, S/O RAMACHANDRA NAIR, (WRONGLY MENTIONED IN CHARGESHEET) S/O RAMACHANDRA, AGED ABOUT 38 YEARS, MANDARAGIRI, SHIVAJINAGARA, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF SHABARI NILAYA 2-283(A), KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, BELTHANGADY, KARNATAKA -574 217.

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RIJESH (NAME WRONGLY MENTIONED IN CHARGESHEET) RIJESH KUMAR R, S/O RAMACHANDRA NAIR, AGED ABOUT 36 YEARS, RESIDENT OF MANDARAGIRI, SHIVAJINAGARA, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF SHABARI NILAYA 2-283(A) KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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SUDHIR CHARMADI, (NAME WRONGLY MENTIONED IN CHARGESHEET) SUDHIR R S/O ANNU POOJARI AGED ABOUT 33 YEARS, RESIDENT OF NO. 1-185, RATHABEEDI HOUSE, CHARMADI, DAKSHINA KANNADA, KARNATAKA-574 228.

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PADMANABHA SHETTY, S/O JAYARAM SHETTY, AGED ABOUT 24 YEARS, RESIDENT OF HALLANDODI HOUSE, PADANGADY, DAKSHINA KANNADA, KARNATAKA-574 217.

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SHANKARA SAPALYA (NAME WRONGLY MENTIONED IN CHARGESHEET) SHANKARA S/O DOOMA SAPALYA AGED ABOUT 52 YEARS RESIDENT OF NO. 8-118, GUMPALAJE DARKASU HOUSE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 214.

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SUKHESH PUDDA, (NAME WRONGLY MENTIONED IN CHARGESHEET) SUKHESH S/O PUDDA, AGED ABOUT 26 YEARS, RESIDENT OF NO. 18, KODIYELU MELANTHABETTU, DAKSHINA KANNADA, KARNATAKA -574 214.

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NAVEEN KULAL (NAME WRONGLY MENTIONED IN CHARGESHEET) NAVEEN S S/O SHANTAPPA KULAL AGED ABOYT 36 YEARS, RESIDENT OF SHIVAJINAGARA, KUVETTU, GURUVAYANAKERE, BELTHANGADY (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) SWATHI NILAYA, SHIVAJI NAGARA, KUVETTU, DAKSHINA KANNADA, KARNATAKA 574 217.

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VIKAS SHETTY (NAME WRONGLY MENTIONED IN CHARGESHEET) VIKAS S/O CHANDRAHAS SHETTY, AGED ABOUT 21 YEARS, RESIDENT OF DOOR NO. 1-420, GURUVAYANAKERE, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) K 2-100(20), SASSYODHYANA HOUSE, KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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SANTHOSH KUMAR, (NAME WRONGLY MENTIONED IN CHARGESHEET) SANTHOSH KUMAR JAIN S/O DHARMARAJ, (WRONGLY MENTIONED IN CHARGESHEET) DHARMARAJ BUNNU, AGED ABOUT 51 YEARS, RESIDENT OF SAMPATHA NILAYA, KANNADI KATTE, PADANGADY, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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SOORYACHANDRA PRASAD ALIAS CHANDAN KAMATH, S/O LATE K NARAYANA KAMATH, AGED ABOUT 49 YEARS, RESIDENT OF AJIKURI HOUSE, DHARMASTHALA, BELTHANGADY, (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) NO. 4-26, CHANDAN BAGH, AJIKURI, DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA – 574 216.

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PRADEEP SHETTY S/O SHRIDHAR SHETTY, AGED ABOUT 32 YEARS, RESIDENT OF PADYAR MAJALU, VILLAGE PANCHAYAT MEMBER, BARAYA HOUSE, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF NO. 51, PADYAR MAJALU HOUSE, KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA-574 217.

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PUSHPARAJ SHETTY, S/O PURANDAR SHETTY, AGED ABOUT 38 YEARS, RESIDENT OFNO. 1-450, GANESH KRIPA, SHAKTHINAGARA, KUVETTU, DAKSHNINA KANNADA, KARNATAKA 574 217.

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RAJ PRAKASH SHETTY S/O BABU SHETTY AGED ABOUT 47 YEARS NO. 1/178, PADDDALU HOUSE, ODINALA, BELTHANGADY, KARNATAKA 574 217.

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VITTAL ACHARYA S/O SHIVANNA ACHARYA AGED ABOUT 45 YEARS RESIDENT OF BARAYA HOUSE, BELTHANGADY TALUK, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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SRINIVAS RAO S/O GANESH (WRONGLY MENTIONED IN CHARGESHEET) S/O LATE GANAPATHI RAO, AGED ABOUT 55 YEARS, RESIDENT OF DONDOLE HOUSE, DHARMASTHALA, BELTHANGADY (ADDRESS WRONGLY MENTIONED) RESIDENT OF NO. 2-47, GANESH PRASANNA DONDOLE, DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA 574 216.

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GANESH LAYILA (NAME WRONGLY MENTIONED IN CHARGESHEET) GANESHA S/O RAJU MESTRI, AGED ABOUT 36 YEARS, RESIDENT OF PADLADI HOUSE, LAILA, BELTHANGADY, (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF GANESH KRIPA, RAGHAVENDRA NAGAR, BELTHANGADY, LAILA, DAKSHINA KANNADA, KARNATAKA 574 214.

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RANJITH SHETTY (NAME WRONGLY MENTIONED) RANJITH S/O SUNIL SHETTY AGED ABOUT 31 YEARS, RESIDENT OF KARUNYA HOUSE, MALAVANTHIGE, BELTHANGADY, (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF NO.2-357, KURUBARGUDDE HOUSE, KILLUR POST, MALAVANTHIGE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA – 574 214.

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RATHAN SHETTY S/O SUNIL SHETTY, AGED ABOUT 33 YEARS, RESIDENT OF KARUNYA HOUSE, MALAVANTHIGE, BELTHANGADY. (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF NO.2-357, KURUBARGUDDE HOUSE, KILLUR POST, MALAVANTHIGE, BELTHANGADY DAKSHINA KANNADA, KARNATAKA 574 214.

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PRAKASH ACHARY (NAME WRONGLY MENTIONED IN CHARGESHEET) YASHODHARA S/O KRISHNA ACHARY, (WRONGLY MENTIONED IN CHARGESHEET) S/O KRISHNA ACHARYA, AGED ABOUT 42 YEARS, RESIDENT OF NO. 1-33/11, PRAKASH NILAYA, KAIPLODY HOUSE, BELTHANGADY, LAILA, DAKSHINA KANNADA, KARNATAKA – 574 214.

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NITESH K S/O GOPALA SHETTY, AGED ABOUT 28 YEARS, RESIDENT OF NO. 3-12, KENCHOTTU HOUSE, ODILNALA, DAKSHINA KANNADA, VODILNALA, KARNATAKA 574 217.

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PRADEEP SHETTY S/O SEETARAM SHETTY, AGED 35 YEARS, RESIDENT OF GURUVAYANAKERE, BELTHANGADY, (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) NO.2-279(16), RATHNAGIRI HOUSE, KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA KARNATAKA 574 217.

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SANDEEP RAI S/O RAMANATH RAI, AGED ABOUT 43 YEARS, RESIDENT OF MUNDRUPPADI DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA 574 216.

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PAVAN, (FULL NAME NOT MENTIONED IN CHARGESHEET) PAVAN SHETTY S/O MANOHARA SHETTY, AGED ABOUT 27 YEARS, RESIDENT OF NO. 3-70/3 A, DHARKAS HOUSE, AJITH NAGAR, UJRE, DAKSHINA KANNADA, KARNATAKA-574 240.

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SHRIRAJ SHETTY, (NAME WRONGLY MENTIONED IN CHARGESHEET) SHRIRAJ S/O PURANDAR SHETTY, AGED ABOUT 34 YEARS, RESIDENT OF SHAKTHINAGARA, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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BHARATH SHETTY, S/O MANJUNATH SHETTY, AGED ABOUT 25 YEARS, RESIDENT OF GORI QUARTERS, ARASINAMAKKI, HATHYADKA, BELTHANGADY, DAKSHINA KANNADA KARNATAKA -574 198.

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…PETITIONERS (BY SRI. PRABHULING K NAVADGI., SENIOR COUNSEL A/W SRI. SUSHAL TIWARI.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH PUTTUR, POLICE STATION, REPRESENTED BY THE LD. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT, BENGALURU – 560 001.

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MR. CHANDRASHEKAR A M, AGED ABOUT 29 YEARS, SON OF NOT KNOWN, POLICE SUB-INSPECT., BELTHANGADI PS WORKING AT BELTHANGADI POLICE STATION TALUK OFFICE ROAD, POLICE QUARTERS, BELTHANGADY, KARNATAKA 574 214.

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…RESPONDENTS

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(BY SRI.B N JAGADEESH., ADDL.SPP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER TAKING COGNIZANCE AGAINST THE PETITIONERS (ACCUSED NO.2 TO ACCUSED NO. 39) AND ISSUING SUMMONS VIDE ORDER DTD. 05.06.2024 PASSED BY THE LEARNED XLII ACMM, BENGALURU (SPL. COURT FOR TRIAL OF CASES FILED AGAINST SITTING AS WELL AS FORMER MPS/MLAS TRIABLE BY THE MAGISTRATE IN THE STATE OF KARNATAKA) IN C.C.NO. 18452/2024 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 506, 341, 504, 143, 147 AND 149 OF THE INDIAN PENAL CODE 1860 (ANNX-A) AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners are knocking at the doors of this Court invoking the inherent jurisdiction for the quashment of CC No.18452/2024 pending before Principal Civil Judge and JMFC, Belthangady, Dakshina Kannada. The Charge Sheet has been filed by the jurisdictional Police after investigation.

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Learned Sr. Advocate Sri. Prabhulinga Nawadgi appearing for the Petitioners presses into service the Apex Court in STATE OF HARYANA vs. CHOWDHARY BHAJAN LAL, AIR 1992 SC 604 for the quashment saying that even if entire charge sheet material is taken into consideration, no charge would be brought home and therefore the entire proceedings would amount to abuse of process of court and of law.

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Learned Addl. SPP on request accepting notice for both the Respondents vehemently opposes the Petition contending that it is open to the Petitioners to seek discharge under Section 229 of Cr.P.C., 1973 and they can

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move an Application in that regard, they can await hearing

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at the hands of the learned trial Judge whilst framing the charge, the Charge Sheet having been already filed; when such an efficacious remedy avails, ordinarily litigants cannot be allowed to tap the inherent jurisdiction of this Court. He also adds that in several other similar matters, this Court has relegated such litigants of the kind to the trial Court for seeking discharge.

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Having heard the learned counsel for the parties and having perused the Petition papers, this Court is broadly in agreement with the submission made by the learned Addl. SPP on behalf of Respondents. The Apex Court time and again has warned that tapping of inherent jurisdiction u/s 482 of the Code cannot be as a matter of course and that, even if tapped, the jurisdiction shall be sparingly exercised. This Court is flooded with several such matters and in them already the track is beaten by relegating the litigants to the Trial Court with liberty to seek discharge. No special circumstances, despite

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vehement submissions are demonstrated as to why this

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Court should leave the beaten track and adopt a different procedure favourable to the litigants herein; no prejudice would be caused to the Petitioners by going back to the trial Judge and seek discharge at his hands inasmuch as, in matters like this, this Court has directed the trial judges not to insist upon personal presence of the accused once the Application is filed for discharge and a final decision after hearing of all the concerned thereon is taken. That would mitigate hardship which otherwise arguably could have occasioned to them.

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In the above circumstances, this Petition is disposed off reserving liberty to the Petitioners to move discharge application either under Section 239 or 228 of the 1973 Code within a period of four weeks in accordance with law before Trial Court.

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The learned trial judge is requested not to insist upon personal presence of the petitioner-accused if they apply

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