Jeevan K vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Feb 27, 2025

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Citation: sooperkanoon.com/1791508
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Feb 27, 2025
Case Number: WP/35765/2024

Parties & Advocates

Appellant / Petitioner

Jeevan K

Respondent

State of Karnataka

Excerpt

.....reliefs:-1. call for the relevant records;2. issue a writ, in the nature of certiorari orany other appropriate writ to quash orderdated 06.12.2024 in cr. no. 226/2024 passed by the principal senior civil judge & cjm, ramanagara (annexure - c).3. issue a writ in the form of mandamus directing respondent no.1 police to secure the presence of the respondent nos. 2 - 4 and to remand them back to judicial custody.4. grant any other order of direction as thishon'ble court may deem fit in light of the factsand circumstances of the case, in the interest of justice and equity.”2. heard learned counsel for the petitioner and learned counsel for the 1st respondent - hcgp and perused the material -3- on record. for the order proposed, notice to respondents 2 to 4 is dispensed with.3. though several contentions have been urged by thepetitioner in support of his claim in the present petition, having regard to the fact that the 1st respondent - police are conducting investigation in crime no.226/2024, without expressing any opinion on the merits / demerits of the rival contentions, i deem it just and appropriate to dispose of this petition directing the 1st respondent to complete the investigation and file a final report as expeditiously as possible and in accordance with law. it is further directed that in the event, the 1st respondent - police file the charge sheet pursuant to crime no.226/2024, the learned magistrate shall commit the case to the sessions court, who shall issue notice to respondents 2 to 4 and proceed further in accordance with law and as expeditiously as possible.4. subject to the aforesaid directions, petition stands disposed of. sd/- (s.r.krishna kumar) judge srl.

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35765 OF 2024 (GM-RES) BETWEEN:
JEEVAN K (WRONGLY MENTIONED IN FIR AS JIVAN K) AGED ABOUT 22 YEARS SON OF KENCHEGOWDA.M RESIDING AT # 15, 8TH MAIN ROAD 1ST ‘G’ CROSS, 4TH BLOCK 3RD CROSS, VIVEKANANDA ROAD SBI STAFF, COLONY, BASAVESHWARANAGAR BANGALORE NORTH, BANGALORE - 560 079. (WRONGLY MENTIONED IN FIR AS NO.90, 1ST MAIN ROAD NEAR AMBAMESHWARI TEMPLE KAMAKSHIPALYA, BANGALORE RAMANAGARA, KARNATAKA) …PETITIONER (BY SRI. AIYAPPA K G.,ADVOCATE)
AND:
Digitally      1.     STATE OF KARNATAKA
signed by             THROUGH RAMANGARA RURAL POLICE STATION
LEELAVATHI            REP BY STATE PUBLIC PROSECUTORY
SR                    HIGH COURT OF KARNTANTAKA
Location:             HIGH COURT BUIDLING, BENGLARUU - 560 001.
High Court of Karnataka 2. CHANDU RESIDING AT ANJANAPURA VILALGE KALIANCHA HOBLI, RAMANAGARA - 562 159.
3. NAGESH
4. MURULI …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1 NOTICE TO R-2 TO R-4 ARE D/W VIDE ORDER DATED: 27.02.2025) -2- THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITION OF INDIA READ WITH SECTION 528 OF BNSS, 2023

PRAYING TO CALL FOR THE RELEVANT RECORDS AND QUASH ORDER

DATED 06/12/2024 IN CR. NO. 226/2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA (ANN-C).

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner has sought for the following reliefs:-

1. Call for the relevant records;

2. Issue a Writ, in the nature of Certiorari or

any other appropriate writ to quash order

dated 06.12.2024 in Cr. No. 226/2024 passed by the Principal Senior Civil Judge & CJM, Ramanagara (ANNEXURE - C).

3. Issue a Writ in the form of Mandamus directing Respondent No.1 police to secure the presence of the Respondent Nos. 2 - 4 and to remand them back to Judicial Custody.

4. Grant any other Order of direction as this

Hon'ble Court may deem fit in light of the facts

and circumstances of the case, in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for the 1st respondent - HCGP and perused the material -3- on record. For the order proposed, notice to respondents 2 to 4 is dispensed with.

3. Though several contentions have been urged by the

petitioner in support of his claim in the present petition, having regard to the fact that the 1st respondent - Police are conducting investigation in Crime No.226/2024, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the 1st respondent to complete the investigation and file a final report as expeditiously as possible and in accordance with law. It is further directed that in the event, the 1st respondent - Police file the charge sheet pursuant to Crime No.226/2024, the learned Magistrate shall commit the case to the Sessions Court, who shall issue notice to respondents 2 to 4 and proceed further in accordance with law and as expeditiously as possible.

4. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.

Same Court & Year Karnataka Orders · 2025 Same Parties Jeevan K vs State of Karnataka Same Judge S.R.Krishna Kumar