Dismissed¶22

Sri Pradeep R v. State by Karnataka

Karnataka HC24 Jan 2025CRL.P/12538/2023

Case brief

AI extract

What is this about?

Quashing petition under S.482 Cr.P.C / S.528 BNSS withdrawn at admission stage and dismissed as withdrawn; Karnataka Lokayukta ACB Shivamogga Crime No.4/2019; alleged offence under S.7(a) P.C. Act; cognizance order dated 15.12.2020; Spl.C.No.210/2020 before I Addl. District & Sessions Judge / Special Judge, Shivamogga; liberty reserved to file discharge application; Sessions Judge to consider discharge per law; all contentions kept open; single bench of Hemant Chandangoudar J.; NC: 2025:KHC:3200; decided 24-01-2025.

What did the court decide?

Petition dismissed as withdrawn with liberty reserved to the petitioner to file an application seeking discharge; the Sessions Judge directed to consider any such discharge application in accordance with law on the available material; all contentions of the parties kept open. ¶22

Sri Pradeep R Vs State by Karnataka — Corruption | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the charge sheet in Cr.No.4/2019 registered by ACB Shivamogga P.S., the cognizance order dated 15.12.2020, and the entire proceedings in Spl.C.No.210/2020 for the alleged offence under S.7(a) of the P.C. Act should be quashed/set aside under S.482 Cr.P.C.

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Court's answer

The petition is dismissed as withdrawn, with liberty reserved as sought for.

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Ratio / Principle

Leave was granted to the petitioner to withdraw the petition, reserving liberty to file an application seeking discharge.

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Key takeaways

In the event the petitioner files an application for discharge, the learned Sessions Judge is to consider the same in accordance with law on the available material on record.ratio¶23
All contentions of the parties are kept open.obiter¶24

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Hemant Chandangoudar J., 24 January 2025), Criminal Petition No. 12538 of 2023 filed under S.482 Cr.P.C. (also indexed as 528 BNSS) by Sri Pradeep R. seeking (i) quashing of the charge sheet in Cr.No.4/2019 registered by ACB Shivamogga P.S., (ii) setting aside of the order dated 15.12.2020 taking cognizance, and (iii) quashing of the entire proceedings in Spl.C.No.210/2020 pending before the I Addl. District and Sessions Judge and Special Judge, Shivamogga, for the alleged offence punishable under S.7(a) of the P.C. Act. After arguing the matter for some time, learned counsel sought leave to withdraw the petition reserving liberty to file an application seeking discharge; the submission was placed on record and the petition was dismissed as withdrawn with the liberty sought, the learned Sessions Judge being directed to consider any discharge application in accordance with law on the available material on record, and all contentions of the parties kept open. No merits were adjudicated and no precedent was cited or relied upon.

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NC: 2025:KHC:3200 CRL.P No. 12538 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12538 OF 2023 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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SRI. PRADEEP R. S/O. L. RAGHURAMA RAO, AGED ABOUT 38 YEARS, R/AT NO.D-27, PWD QUARTERS, BASAVANGUDI, SHIMOGA DISTRICT-577426.

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…PETITIONER

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(BY SRI. SANDESH J.CHOUT, SENIOR COUNSEL FOR SRI. ABHISHEK K., ADVOCATE)

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AND:

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STATE BY KARNATAKA SHIMOGGA LOKAYUKTA POLICE, KARNATAKA LOKAYUKTA, SHIMOGA-577201. REP. BY SPP.

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Digitally signed by B K MAHENDRAKUMAR B KMAHENDRAKUMAR Location: HIGHCOURT OFKARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:17 +0530

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SRI. MANU SINGH S/O. S.R. CHARAN SINGH, AGED ABOUT 21 YEARS, R/AT NO. VIJAYANAGAR, 1^ST CROSS, HOSAMANE, BHADRAVATHI-577301.

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…RESPONDENTS (BY SRI. B.S.PRASAD, STATE PUBLIC PROSECUTOR FOR R1; NOTICE TO R2 IS SERVED)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET ARRIVED IN CR.NO.4/2019 REGISTERED BY ACB SHIVAMOGGA P.S., SET ASIDE THE ORDER DATED 15.12.2020 OF TAKING COGNIZANCE AND ENTIRE PROCEEDINGS IN SPL.C.NO.210/2020 PENDING FILE OF HONBLE I ADDL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE SHIVAMOGGA FOR THE ALLEGED OFFENCE P/U/S 7(a) OF P.C ACT.

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NC: 2025:KHC:3200 CRL.P No. 12538 of 2023

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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After arguing the matter for some time, the learned counsel for the petitioner seeks leave of this Court to withdraw the petition reserving liberty to file an application seeking for discharge.

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The said submission is placed on record.

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Accordingly, the petition is dismissed as withdrawn reserving liberty as sought for.

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In the event, the petitioner files an application for discharge, the learned Sessions Judge, to consider the same in accordance with law on the available material on record.

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All contentions of the parties are kept open.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HR Ct:vh List No.: 19 Sl No.: 5

Sri Pradeep R v. State by Karnataka

Case brief

What is this about?

What did the court decide?

Sri Pradeep R v. State by Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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