Sri H C Prakash v. Sri M Boraiah

Karnataka HC20 Jan 2026CRL.P/17076/2025

Case brief

AI extract

What is this about?

HC-KAR, CRL.P No.17076 of 2025, decided 20-01-2026 by Justice M.Nagaprasanna (oral order): time-bound disposal directed of I.A.Nos. I & II (Ss.391 & 91 Cr.P.C; S.73 Indian Evidence Act) pending ~18 months in Crl.A.No.1508/2023 — complainant H.C. Prakash's appeal against acquittal (CC No.10004/2017, order dt. 21.09.2023) of accused M. Boraiah and V. Lakshmi; petition allowed under S.482 Cr.P.C / S.528 BNSS.

What did the court decide?

Direction to the learned LXV Additional City Civil and Sessions Judge, CCH-66, Bengaluru to dispose of I.A. No.1 (Section 391 Cr.P.C r/w Section 73, Indian Evidence Act) and I.A. No.2 (Section 91 Cr.P.C) in Crl.A.No.1508/2023 within an outer limit of six weeks from receipt of a copy of the order, in accordance with law, if not earlier. ¶¶41

Sri H C Prakash Vs Sri M Boraiah — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the learned LXV Additional City Civil and Sessions Judge, CCH-66, Bengaluru should be directed to dispose of I.A. No.1 (filed under Section 391 Cr.P.C r/w Section 73 of the Indian Evidence Act) and I.A. No.2 (filed under Section 91 Cr.P.C) in Crl.A.No.1508/2023 as expeditiously as possible in a time bound manner.

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Court's answer

Describing the prayer as innocuous (mere disposal of an application kept pending for the last 18 months), the Court directed the concerned Appellate Court to dispose of I.A.Nos. I and II — filed under Sections 391 Cr.P.C r/w 73 of the Indian Evidence Act and Section 91 Cr.P.C respectively — within an outer limit of six (6) weeks from the date of receipt of a copy of the order, in accordance with law, if not earlier.

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Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C (also filed under S.528 BNSS) by Sri H.C. Prakash, complainant in CC No.10004/2017, whose appeal Crl.A.No.1508/2023 against the acquittal of respondents Sri M. Boraiah and Smt. V. Lakshmi (order dated 21.09.2023) is pending before the learned LXV Additional City Civil and Sessions Judge, CCH-66, Bengaluru. His I.A. No.1 (S.391 Cr.P.C r/w S.73, Indian Evidence Act — certain documents and reference to the handwriting expert) and I.A. No.2 (S.91 Cr.P.C) lay undisposed for about 18 months despite about 10 adjournments. Holding the prayer innocuous, the High Court directed the Appellate Court to dispose of both applications within an outer limit of six weeks from receipt of a copy of the order, in accordance with law, if not earlier; the criminal petition was allowed.

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NC: 2026:KHC:3095 CRL.P No. 17076 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 17076 OF 2025

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BETWEEN:

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SRI. H.C. PRAKASH S/O LATE CHOWDAIAH, AGED ABOUT 75 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT NO.2293, 6^TH BLOCK, SIR M VISHVESWARAIAH LAYOUT, ULLAL UPANAGAR POST, BENGALURU-560 110.

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…PETITIONER

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(BY SRI. AMRUTHESH C., ADVOCATE)

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AND:

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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SRI. M. BORAIAH S/O LATE BANGI BOREGOWDA, AGED ABOUT 71 YEARS,

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SMT. V. LAKSHMI W/O M. BORAIAH, AGED ABOUT 62 YEARS,

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BOTH ARE RESIDING AT NO.479, 7^TH MAIN ROAD, 3^RD 'A' CROSS, BANASHANKARI II STAGE, BENGALURU-560 085.

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…RESPONDENTS

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NC: 2026:KHC:3095 CRL.P No. 17076 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE LEARNED LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-66, BENGALURU TO DISPOSE OFF I.A. NO.1 FILED UNDER SECTION 391 OF CR.P.C R/W SECTION 73 OF THE INDIAN EVIDENCE ACT AND I.A. NO.2 FILED UNDER SECTION 91 OF CR.P.C IN CRL.A.NO.1508/2023 AS EXPEDITIOUSLY AS POSSIBLE IN A TIME BOUND MANNER.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayer:

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“i. Pass an order directing the learned LXV Additional City Civil and Sessions Judge, CCH-66, Bengaluru to dispose off I.A. No.1 filed under Section 391 of Cr.P.C R/w Section 73 of the Indian Evidence Act and I.A. No.2 filed under Section 91 of Cr.P.C in Crl.A.No.1508/2023 as expeditiously as possible in a time bound manner;

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ii. Pass such other order, orders or relief/s as this Hon'ble Court deems fit and necessary under the facts and circumstances of the case, in the interest of justice and equity.”

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The petitioner is the complainant. The

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respondents are accused who gets acquitted of the offence in CC No.10004/2017 in terms of an order of the concerned Court dated 21.09.2023. Against the said order of acquittal,

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3 - NC: 2026:KHC:3095 CRL.P No. 17076 of 2025

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HC-KAR

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the petitioner/complainant prefers an appeal in Crl.A No.1508/2023. The issue in the lis does not pertain to the merit of the matter. The petitioner files an application under Section 391 of the Cr.P.C seeking certain documents and reference of certain documents for the handwriting expert. This application is kept pending despite about 10 adjourments being granted. Therefore, the petitioner is before this Court seeking the aforesaid direction.

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In the light of the prayer being innocuous, and is

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only to disposal of an application which is kept pending for the last 18 months, I deem it appropriate to direct the concerned Appellate Court to dispose the applications – I.A.Nos. I and II filed under Sections 391 of Cr.P.C., R/w 73 of the Indian Evidence Act, and Section 91 of Cr.P.C., respectively, within an outer limit of six (6) weeks from the date of receipt of a copy of this order, in accordance with law, if not earlier.

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Page No.03 is retyped and replaced vide chamber order dated 03.02.2026

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NC: 2026:KHC:3095 CRL.P No. 17076 of 2025

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HC-KAR

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With the aforesaid direction, the criminal petition is

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allowed .

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