Karnataka High Court

CRL.P/14401/2024 of SURESH B V @ ANDRASURESH @ SURESH REDDY Vs THE STATE OF KARNATAKA on 31 December 2024

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2024:KHC:53299 CRL.P No. 14401 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14401 OF 2024 BETWEEN: SURESH B.V. @ ANDRASURESH @ SURESH REDDY S/O RAMASUBRAMANYA, AGED ABOUT 51

Digitally signed by BKMAHENDRAKUMARLocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14401 OF 2024

BETWEEN:

SURESH B.V. @ ANDRASURESH

@ SURESH REDDY S/O RAMASUBRAMANYA, AGED ABOUT 51 YEARS, NO.20, 7[TH] B- CROSS, JAI BHARATHNAGAR, MARUTHISEVANAGAR, BENGALURU 560 033.

NATIVE OF:

35-8-15, MANAGALVARPET AREA, OPP. RAMANJUNAKOOTAM, RAJAMANDRY TALUKM EAST GODAVARI DISTRICT, ANDRAPRADESH 533 101.

…PETITIONER

(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY THE POLICE OF CENTRAL POLICE STATION, BENGALURU CITY 560 018, REP. BY SPP HIGH COURT OF KARNATAKA, BENGALURU 560 001.

2. THARISH BABU S/O ABBULU,

AGED ABOUT 39 YEARS,

NC: 2024:KHC:53299CRL.P No. 14401 of 2024

NO.4-187, DVK ROAD, HALIYA, NALGONDA,

ANDRAPRADESH 508 001.

(BY SMT. WAHEEDA M.M., HCGP FOR R1)

…RESPONDENTS

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 09.12.2024 PASSED IN C.C.NO.6171/2017 NOW PENDING ON THE FILE OF LEARNED XXXVII ADDL.C.J.M BENGALURU FOR THE OFFENCE P/U/S 420 AND 120B R/W 34 OF IPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

The petitioner is before this Court calling in question the order dated 09.12.2024 passed in C.C.No.6171/2017 by the learned XXXVII Additional Chief Judicial Magistrate, Bengaluru by which non-bailable warrant and proclamation order is issued against the petitioner.

2. Learned counsel for the petitioner submitted that petitioner would appear before the concerned Court on the next date of hearing and would be diligent in appearing before the concerned Court on all the dates of hearing, nonetheless if exempted from appearing by the concerned Court.

3. The undertaking is placed on record.

4. In light of the aforesaid undertaking of the learned counsel for the petitioner, I pass the following:

ORDER

i. The Criminal petition is allowed.

ii. The order dated 09.12.2024 passed by the XXXVII Additional Chief Judicial Magistrate, Bengaluru in C.C.No.6171/2017 is hereby quashed.

iii. The petitioner shall appear before the concerned Court on the next date of hearing and in the event if there is any breach of the undertaking, the concerned Court is at liberty to take appropriate action in accordance with law.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

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