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Madhukar vs State By Sho Hosanagara Police Station on 1 December, 2021

Bench: Chief Justice, A.S. Bopanna, Hima Kohli

                                                     1

     ITEM NO.2                             COURT NO.1                   SECTION II­C

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CRIMINAL) Diary No.29466/2019

     (Arising out of impugned final judgment and order dated 26­04­2019
     in CRLP No. 2346/2014 passed by the High Court Of Karnataka At
     Bengaluru)

     MADHUKAR                                                            Petitioner(s)

                                                    VERSUS

     STATE                 BY SHO HOSANAGARA POLICE STATION & ANR.       Respondent(s)


     IA No. 45345/2020 ­ CONDONATION OF DELAY IN FILING SLP,                             IA
     No. 45346/2020 ­ CONDONATION OF DELAY IN REFILING SLP &                             IA
     No. 45348/2020 ­ EXEMPTION FROM FILING O.T.)

     Date : 01­12­2021 This SLP along with applns. were called on for
     hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                       Mr. Abraham C. Mathews, Adv.
                                       Mr. Nishe Rajen Shonker, AOR
                                       Mrs. Anu K. Joy, Adv.
                                       Mr. Alim Anvar, Adv.
     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

A letter is circulated by learned Advocate­on­Record for the petitioner seeking two weeks adjournment on the ground of personal difficulty of the counsel. However, the learned counsel who was Signature Not Verified Digitally signed by present before us has argued the matter.

Delay condoned.

Application seeking exemption from filing official translation of Annexures is allowed.

Having heard learned counsel appearing for the petitioner and carefully perusing the material available on record, we see no reason to interfere with the impugned Order passed by the High Court of Karnataka at Bengaluru whereby the said Court dismissed the Criminal Petition filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings.

The Special Leave Petition is, accordingly, dismissed at the admission stage.

However, taking into consideration the fact that the issue relates to obtaining a caste certificate by the petitioner and securing employment in the year 1981, further the petitioner had himself surrendered the certificate to the Tehsildar. That apart, all the material which the prosecution wants to rely upon before the Trial Court is a matter of record, we see no reason to arrest the petitioner.

In view of the above, the petitioner is protected from arrest till the trial is concluded.

However, the petitioner is directed to appear before the Trial Court and cooperate with the trial without fail.

  (VISHAL ANAND)                                       (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                                COURT MASTER (NSH)