Sri Suresh Kumar vs State of Karnataka

Type Court Judgment Court Karnataka Decided Mar 23, 2026

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Citation: sooperkanoon.com/1510121
Court: Karnataka High Court
Judge: M.Nagaprasanna
Decided On: Mar 23, 2026
Case Number: WP/568/2026

Parties & Advocates

Appellant / Petitioner

Sri Suresh Kumar

Advocate Sri. P. D. Surana

Respondent

State of Karnataka

Excerpt

.....filed under articles 226 and 227 of the constitution of india praying to quash the proceedings in c.c.no.817/2024 on the file of the court of the learned senior civil judge and jmfc, sakleshpura, vide annexure-x and grant such other relief or reliefs as this hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr. justice m.nagaprasannaoral order1. petitioners are before this court seeking the following prayer:- "wherefore, it is humbly prayed that this hon'ble court be pleased to issue a writ of -3-certiorari to quash the proceedings in c.c.no.817/2024 on the file of the court of the learned senior civil judge & jmfc, sakleshpura, vide annexure-x and grant such other relief or reliefs as this hon'ble court deems fit under thefacts and circumstances of the case, in the interestof justice."2. learned hcgp on instructions would submit thatcharges have been framed and the trial is on against the petitioners. therefore, subject petition in the form that is presented cannot be entertained in the light of the judgment of the apex court in the case of minakshi bala v. sudhir kumar .3. learned counsel sri. p. d. surana appearing for the petitioners however, submits that the petitioners are aged and would not be able to attend the proceedings.4. it is open for these petitioners to file an application seeking exemption from appearance except when the court is needed. in the event, petitioners would file an application, the(1994) 4 scc 142-4- concerned court shall answer the application and pass necessary orders in accordance with law permitting exemption or otherwise. this is the only relief that can be granted at this juncture. with the above observation, the petition is disposed off. sd/- (m.nagaprasanna) judge dn list no.: 1 sl no.: 211

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 568 OF 2026 (GM-RES) BETWEEN:
1. SRI SURESH KUMAR AGED ABOUT 42 YEARS SRI TULSI NIVAS, WARD NO.20 JUMMA MASJID ROAD SAKLESHPUR, HASSAN DISTRICT - 573 134.
2. SRI SUNIL KUMAR AGED ABOUT 36 YEARS RESIDING AT HOUSE NO.3260/79 SRI TULASI NIVAS, 5TH CROSS OPP MORE SUPER MARKET GAYATHRI NAGAR, BENGALURU - 560 021.
3. SMT. KAVITHA W/O SURESH KUMAR
Digitally          AGED ABOUT 40 YEARS
signed by          RESIDING AT HOUSE NO.244/2
NANDINI M S        SRI TULSI NIVAS, WARD NO.20
Location:          JUMMA MASJID ROAD
HIGH COURT OF SAKLESHPURA, HASSAN DISTRICT - 573 134. KARNATAKA
4. SRI DULRAJ JAIN S/O LATE PREMRAJ AGED ABOUT 65 YEARS SRI TULSI NIVAS WARD NO.20, JUMMA MASJID ROAD SAKLESHPURA …PETITIONERS (BY SRI P.D. SURANA, ADV.) -2- AND:
1. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, SAKLESHPURA TOWN POLICE, SAKLESHPURA
2. SMT. LALITA PRUTHVIRAJ
W/O PRUTHVIRAJ AGED ABOUT 38 YEARS SRI TULSI NIVAS, WARD NO. 20 JUMMA MASJID ROAD, SAKLESHPURA HASSAN DISTRICT - 573 134 AND ALSO AT NO.2-4-48, KHATA NO.946/856, B.M.ROAD, WARD NO.6 SAKALESHPURA TOWN …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R-1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.817/2024 ON THE FILE OF THE COURT OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SAKLESHPURA, VIDE ANNEXURE-X AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. Petitioners are before this Court seeking the following prayer:- "WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to issue a Writ of -3-

Certiorari to quash the proceedings in C.C.No.817/2024 on the file of the court of the learned Senior Civil Judge & JMFC, Sakleshpura, vide ANNEXURE-X and grant such other relief or reliefs as this Hon'ble Court deems fit under the

facts and circumstances of the case, in the interest

of justice."

2. Learned HCGP on instructions would submit that

charges have been framed and the trial is on against the petitioners. Therefore, subject petition in the form that is presented cannot be entertained in the light of the judgment of the Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR .

3. Learned counsel Sri. P. D. Surana appearing for the petitioners however, submits that the petitioners are aged and would not be able to attend the proceedings.

4. It is open for these petitioners to file an application seeking exemption from appearance except when the Court is needed. In the event, petitioners would file an application, the

(1994) 4 SCC 142

-4- concerned Court shall answer the application and pass necessary orders in accordance with law permitting exemption or otherwise. This is the only relief that can be granted at this juncture. With the above observation, the petition is disposed off. Sd/- (M.NAGAPRASANNA) JUDGE DN List No.: 1 Sl No.: 211

Same Court & Year Karnataka · 2026 Same Parties Sri Suresh Kumar vs State of Karnataka Same Judge M.Nagaprasanna