Dismissed¶25

Mr. Manjunatha @ Manju v. the State of Karnataka

Karnataka HC8 Jan 2025CRL.P/1924/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No.1924 of 2023; NC: 2025:KHC:859; K. Natarajan J.; decided 08-01-2025. Section 482 Cr.P.C. petition against rejection of Section 311 Cr.P.C. application for recall of witnesses in POCSO sessions case Spl.C(POCSO) No.57/2021 (FTSC-1, Kolar; Masthi Police). Dismissed for non-prosecution (counsel absent, matter pending ~2 years) and as infructuous following Trial Court's disposal of main matter on 10.08.2023. No precedents discussed; no costs or quantum. Related provision noted: 528(BNSS).

What did the court decide?

Upon verification it was revealed that the Trial Court had already disposed of the main matter on 10.08.2023, and therefore the petition had become infructuous. ¶24

Mr. Manjunatha @ Manju Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:859 CRL.P No. 1924 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 1924 OF 2023

¶6

(482(Cr.PC) / 528(BNSS)-)

¶7

BETWEEN:

¶8

MR. MANJUNATHA @ MANJU S/O MUNIVENNKATAPPA, AGED ABOUT 29 YEARS, R/A NIDAMAKANAHALLI, MASTHI, MALUR TALUK, KOLAR, KARNATAKA - 563 139.

¶9

…PETITIONER

¶10

(BY SRI. NITIN A. M., ADVOCATE (ABSENT) )

¶11

AND:

¶12

Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA BY PUBLIC PROSECUTOR, BY MASTHI POLICE, KOLAR - 563 139.

¶14

…RESPONDENT THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 07.02.2021 REJECTING THE APPLICATION FILED BY THE PETITIONER U/S.311 OF CRPC BEFORE THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) KOLAR IN SPL.C(POCSO) NO.57/2021 THAT IS ANNEXURE B.

¶15

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶16

CORAM: HON'BLE MR JUSTICE K.NATARAJAN

¶17

¶18

NC: 2025:KHC:859 CRL.P No. 1924 of 2023

¶19

ORAL ORDER

¶20

Learned HCGP takes notice for the respondent. Learned counsel for the petitioner remained absent.

¶21

This petition came to be filed on 17.02.2023 under Section 482 of Cr.P.C. by challenging the order of dismissal of the application filed by the petitioner under Section 311 of Cr.P.C. for recalling the witnesses, vide order dated 07.02.2023.

¶22