Disposed¶30

Sri Shivamadhu v. Sri H N Ramesh

Karnataka HC21 Feb 2025WP/4570/2025

Case brief

AI extract

What is this about?

Karnataka High Court 2025; WP 4570/2025 (GM-RES); S.R. Krishna Kumar J; writ petition under Articles 226/227 disposed as withdrawn; liberty to file Section 311 Cr.P.C. application for adducing/recording evidence; trial Court to consider such application in accordance with law; liberty to seek preponement; challenge to order dated 05.10.2024 of Senior Civil Judge, Kanakapura in C.C. No. 1554/2022; non-cross-examination of PW.1 complainant; mandamus not granted, no merits adjudicated.

What did the court decide?

Petition withdrawn/disposed of without adjudication of merits; liberty reserved to file an application under Section 311 Cr.P.C., to be considered by the trial Court in accordance with law, and liberty to seek preponement/advancement of the case. ¶30

Sri Shivamadhu Vs Sri H N Ramesh — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:7878 WP No. 4570 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 4570 OF 2025 (GM-RES)

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BETWEEN:

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SRI. SHIVAMADHU S/O KEMPANNA, AGED ABOUT 41 YEARS, R/O BANNIKUPPE VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT.

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…PETITIONER

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(BY SRI. CHANDAN B.K, ADVOCATE)

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AND:

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Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT KARNATAKA

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SRI. H.N RAMESH S/O LATE NARAYANA, AGED ABOUT 52 YEARS R/AT NO.53, NEAR KRISHNASWAMY TEMPLE FORT, HAROHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT

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…RESPONDENT

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 05.10.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, KANAKAPURA TO SET ASIDE IN C.C.NO. 1554/2022.

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

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NC: 2025:KHC:7878 WP No. 4570 of 2025

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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"(a) ISSUE a Writ of MANDAMUS setting aside the impugned order dated 05.10.2024, passed by the learned Senior Civil Judge, Kanakapura, to set-aside in C.C.No.1554/2022; and

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(b) ISSUE any other appropriate Writ, Order or Directions as this Honb'e Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."

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After arguing the matter for some time, learned counsel for the petitioner submits that the trial Court has posted the matter in C.C.No.1554/2024 in which the petitioner has not cross-examined PW.1-respondent-complainant. It is, therefore, submitted that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file an application under Section 311 of Cr.P.C., which may be directed to be considered by the trial Court in accordance with law. Submission is placed on record.

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Accordingly, the petition is disposed of as

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withdrawn reserving liberty in favour of the petitioner to file an

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3 - NC: 2025:KHC:7878 WP No. 4570 of 2025

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application before the trial Court under Section 311 of Cr.P.C. If such an application is filed by the petitioner, the trial Court shall consider and pass appropriate orders in accordance with law.

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Liberty is reserved in favour of the petitioner to seek preponement/advancement of the case so as to enable the petitioner to file such an application.

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Subject to the aforesaid direction and liberty reserved in favour of the petitioner, the petition stands disposed of.

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SD/(S.R.KRISHNA KUMAR) JUDGE

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VM List No.: 1 Sl No.: 93

Sri Shivamadhu v. Sri H N Ramesh

Case brief

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Sri Shivamadhu v. Sri H N Ramesh

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