Sri M Venkatesh vs Harendra

Type Court Judgment Court Karnataka Decided Jun 03, 2025

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Citation: sooperkanoon.com/1715569
Court: Karnataka High Court
Judge: S.R.Krishna Kumar
Decided On: Jun 03, 2025
Case Number: WP/15013/2025

Parties & Advocates

Appellant / Petitioner

Sri M Venkatesh

Respondent

Harendra

Excerpt

.....was made therein as under: coram: hon'ble mr justice s.r.krishna kumar -3-oral orderin this petition, petitioner seeks for the following reliefs: “ a. direct the hon’ble trial court to consider the application u/s 301(2) filed by the petitioner at annexure - b which is now pending consideration in c.c.no.594/2013 before the learned principal civil judge & jmfc at hosakote, annexure-‘a’. b. pass such other order(s) as this hon’ble court may deem fit in the facts and circumstances of the case in the interest of justice.”2. heard learned counsel for the petitioner and perused the material on record.3. for the order proposed, the notice of the present petition to respondents is dispensed with.4. the limited grievance of the petitioner who claims to bea victim in the pending c.c.no.594/2013 is that the application filed by the petitioner under section 301(2) of cr.p.c dated 15.04.2019 to which the respondents have filed objections, has not been considered and the present petition may be disposed of directing trial court to dispose of the application dated 15.04.2019 filed by -4- the petitioner under section 301(2) of cr.p.c within a stipulated time frame.5. the aforesaid submission is placed on record.6. accordingly, the petition stands disposed of directingthe trial court to dispose of the application dated 15.04.2019 filed by the petitioner under section 301(2) of cr.p.c after providing sufficient and reasonable opportunity to both the petitioner as well as the respondent within a period of two weeks from 05.06.2025.7. all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. hand delivery of this order is permitted. sd/- (s.r.krishna kumar) judge mds list no.: 2 sl no.: 54

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15013 OF 2025 (GM-RES) BETWEEN: SRI M VENKATESH S/O LATE VENKATARAMANAPPA, AGED ABOUT 68 YEARS, R/A. BYALAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 562 114. …PETITIONER (BY SRI. SUNIL KUMAR S.,ADVOCATE) AND:
1. HARENDRA

S/O LATE M M RAMASWAMY, AGED ABOUT 66 YEARS, R/A. M M RAMASWAMY Digitally signed by BENGALURU RURAL DISTRICT, CHANDANA B M KARNATAKA 562 114. Location: High Court of 2. SRI. MANOHARA R R Karnataka S/O LATE MM RAMASWAMY, AGED ABOUT 69 YEARS, R/A. NAGANAYAKANA KOTE, SAMETHANAHALLI,

3. BHAGATH R M S/O MANOHAR, -2-

4. PRADEEP KUMAR R H S/O HARENDRA, AGED ABOUT 31 YEARS,

5. KRANTHI KUMAR R A

6. BOSE R.A. AGED ABOUT 38 YEARS, …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE

CONSTITUTION OF INDIA R/W 482 OF THE CPC, PRAYING TO DIRECT THE HONORABLE TRIAL COURT TO CONSIDER THE APPLICATION U/S 301 (2) FILED BY THE PETITIONER AT ANNEXURE-B, WHICH IS NOT PENDING CONSIDERATION IN CC NO. 594/2013 BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT HOSKOTE. ANNEXURE -A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR -3-

ORAL ORDER

In this petition, petitioner seeks for the following reliefs: “ A. Direct the Hon’ble Trial Court to consider the Application U/s 301(2) filed by the Petitioner at Annexure - B which is now pending consideration in C.C.No.594/2013 before the Learned Principal Civil Judge & JMFC at Hosakote, Annexure-‘A’. B. Pass such other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice.”

2. Heard learned counsel for the petitioner and perused the material on record.

3. For the order proposed, the notice of the present petition to respondents is dispensed with.

4. The limited grievance of the petitioner who claims to be

a victim in the pending C.C.No.594/2013 is that the application filed by the petitioner under Section 301(2) of Cr.P.C dated 15.04.2019 to which the respondents have filed objections, has not been considered and the present petition may be disposed of directing Trial Court to dispose of the application dated 15.04.2019 filed by -4- the petitioner under Section 301(2) of Cr.P.C within a stipulated time frame.

5. The aforesaid submission is placed on record.

6. Accordingly, the petition stands disposed of directing

the Trial Court to dispose of the application dated 15.04.2019 filed by the petitioner under Section 301(2) of Cr.P.C after providing sufficient and reasonable opportunity to both the petitioner as well as the respondent within a period of two weeks from 05.06.2025.

7. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 54

Same Court & Year Karnataka · 2025 Same Parties Sri M Venkatesh vs Harendra Same Judge S.R.Krishna Kumar