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  4. 2024/
  5. December

Suresh B V @ Andrasuresh vs. the State of Karnataka

Decided on 31 December 2024• Citation: CRL.P/14359/2024• High Court of Karnatak
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                                         - 1 -                                    
                                                     NC: 2024:KHC:53300           
                                                CRL.P No. 14359 of 2024           
                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU                   
                                       ST                                         
                       DATED THIS THE 31 DAY OF DECEMBER, 2024                    
                                       BEFORE                                     
                    THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR                   
                           CRIMINAL PETITION NO. 14359 OF 2024                    
                BETWEEN:                                                          
                   SURESH  B.V. @ ANDRASURESH                                     
                   @  SURESH REDDY,                                               
                   S/O RAMASUBRAMANYA,                                            
                   NOW  AGED ABOUT 51 YEARS,                                      
                           TH                                                     
                   NO. 20, 7 B-CROSS,                                             
                   JAI BHARATHNAGAR,                                              
                   MARUTHISEVANAGAR,                                              
                   BENGALURU  560 033.                                            
                   NATIVE OF                                                      
                   NO. 35-8-15,                                                   
                   MANGALAVARPET   AREA,                                          
                   OPP. RAMANJUNAKOOTAM,                                          
                   RAJAMANDRY  TALUK,                                             
                   EAST GODAVARI DISTRICT,                                        
                   ANDRAPRADESH   533 101                                         
 Digitally signed by                                                              
 R HEMALATHA                                                                      
                                                          …PETITIONER             
 Location: HIGH                                                                   
 COURT OF                                                                         
                (BY SRI. CHANDRASHEKARA K.A., ADVOCATE)                           
 KARNATAKA                                                                        
                AND:                                                              
                1. THE STATE OF KARNATAKA                                         
                   BY THE POLICE OF,                                              
                   CENTRAL  POLICE STATION,                                       
                   BENGALURU  CITY - 560 018,                                     
                   REPRESENTED  BY,                                               
                   SPP HIGH COURT OF KARNATAKA,                                   
                   BENGALURU   560 001.                                           

                                         - 2 -                                    
                                                     NC: 2024:KHC:53300           
                                                CRL.P No. 14359 of 2024           
                2. SMT. REENA SHARMA                                              
                   W/O RAJESHKUMAR  SHARMA,                                       
                   NOW  AGED ABOUT 58 YEARS,                                      
                   R/AT NO. 16/5,                                                 
                   PARK VIEW APARTMENT,                                           
                   VIDYA VIHAR,                                                   
                   OPP. SHUSHILA MODEL SCHOOL,                                    
                   GAZIABAD,                                                      
                   UTTARPRADESH  201 001.                                         
                                                       …RESPONDENTS               
                (BY SMT. WAHEEDA M.M., HCGP FOR R1)                               
                     THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528          
                BNSS) PRAYING  TO  QUASH  THE  ORDER  DATED  29.10.2024           
                PASSED IN CC.NO.24659/2016, PENDING ON THE FILE OF THE            
                LEARNED XXXVII ACJM, BENGALURU, FOR THE OFFENCE  P/U/S            
                120(B),420 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                   
                                     ORAL ORDER                                   
                     The petitioner is before this Court calling in question the order
                dated 29.10.2024 passed in C.C.No.24659/2016 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

                                         - 3 -                                    
                                                     NC: 2024:KHC:53300           
                                                CRL.P No. 14359 of 2024           
                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                                      
                                         allowed                                  
                     i. The Criminal petition is .                                
                    ii.  The order dated 29.10.2024 passed by the XXXVII          
                    Additional Chief Judicial Magistrate, Bengaluru in            
                    C.C.No.24659/2016 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                            
                GPG                                                               
                List No.: 1 Sl No.: 19