Yeshavanth M P vs the State by - Court Judgment

SooperKanoon Citationsooperkanoon.com/1732527
CourtKarnataka Orders High Court
Decided OnFeb-25-2025
Case NumberCRL.P/8317/2024
JudgeS.R.Krishna Kumar
AppellantYeshavanth M P
RespondentThe State by
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 25th day of february, 2025 before the hon'ble mr justice s.r.krishna kumar criminal petition no. 8317 of 2024 between: yeshavanth m.p., s/o manjunath, aged about 21 years, r/at 13th main road, nagendra block, bsk 1st stage, …petitioner (by sri. shivaraju h.b., advocate) and:1. the state by girinagar police station, bengaluru city 560 085 rep by state public prosecutor, advocate general office digitally signed bangalore- 560 001 by meghamohan 2. chandrashekar n.s., location: high s/o late subbarao n.s., court of no.05, 80 feet road, karnataka sbm colony, bsk -1 stage,…respondents (by smt.rashmi jadhav, addl. s.p. for r1) this crl.p filed u/s 482 cr.p.c., praying to quash the entire proceedings in s.c.no.137/2024 for the offences p/u.s 308, 427, 504, 506 r/w 34 of ipc, 1860 of the first respondent/girinagar police station on the file of the lii a.c.c. and s.j, bengaluru in respect of petitioner herein/ accused no.2. -2-this petition, coming on for orders, this day, orderwas made therein as under: coram: hon'ble mr justice s.r.krishna kumaroral orderin this petition, the petitioner has sought the following reliefs:- "wherefore, the petitioners respectfully prays that this hon'ble court may kindly be pleased to a) call for the records. b) quash the entire proceedings in s.c.no.137/2024 for in the interest of justice. c) to quash further proceedings in s.c.no.137/2024 for in the interest of justice."2. after arguing the matter for sometime, learned counsel forthe petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to seek discharge / file discharge application which may be directed to be disposed of by the trial court in accordance with law. -3-3. the said submission is placed on record.4. the petition is accordingly disposed of as withdrawnreserving liberty in favour of the petitioners to file an appropriate discharge application before the trial court, who shall consider the same, in accordance with law. all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. sd/- (s.r.krishna kumar) judge meg list no.: 2 sl no.: 75
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8317 OF 2024 BETWEEN: YESHAVANTH M.P., S/O MANJUNATH, AGED ABOUT 21 YEARS, R/AT 13th MAIN ROAD, NAGENDRA BLOCK, BSK 1ST STAGE, …PETITIONER (BY SRI. SHIVARAJU H.B., ADVOCATE) AND:

1. THE STATE BY GIRINAGAR POLICE STATION, BENGALURU CITY 560 085 REP BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE Digitally signed BANGALORE- 560 001 by MEGHA

MOHAN            2.     CHANDRASHEKAR N.S.,
Location: HIGH          S/O LATE SUBBARAO N.S.,
COURT OF                NO.05, 80 FEET ROAD,
KARNATAKA               SBM COLONY, BSK -1 STAGE,

…RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. S.P. FOR R1) THIS CRL.P FILED U/S 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.137/2024 FOR THE OFFENCES P/U.S 308, 427, 504, 506 R/W 34 OF IPC, 1860 OF THE FIRST RESPONDENT/GIRINAGAR POLICE STATION ON THE FILE OF THE LII A.C.C. AND S.J, BENGALURU IN RESPECT OF PETITIONER HEREIN/ ACCUSED NO.2. -2-

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, the petitioner has sought the following reliefs:- "Wherefore, the petitioners respectfully prays that this Hon'ble Court may kindly be pleased to a) Call for the records. b) Quash the Entire proceedings in S.C.No.137/2024 for in the interest of justice. c) To quash further proceedings in S.C.No.137/2024 for in the interest of justice."

2. After arguing the matter for sometime, learned counsel for

the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to seek discharge / file discharge application which may be directed to be disposed of by the trial Court in accordance with law. -3-

3. The said submission is placed on record.

4. The Petition is accordingly disposed of as withdrawn

reserving liberty in favour of the petitioners to file an appropriate discharge application before the Trial Court, who shall consider the same, in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE MEG List No.: 2 Sl No.: 75