Karnataka High Court
Sri H D Prashanth vs Sri K S Suresh on 5 April, 2023
Author: K.Natarajan
Bench: K.Natarajan
-1-
CRL.P No. 1558 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1558 OF 2023
BETWEEN:
SRI H.D. PRASHANTH
AGED ABOUT 27 YEARS,
S/O DEVARAJU N.,
R/AT NO.53,
HALEHALLY MAYASANDRA POST,
ATTIBELE, ANEKAL TALUK,
BENGALURU-562 107
MOBILE NO.8050843167
...PETITIONER
(BY SRI. C.PRAKASH, ADVOCATE)
AND:
SRI K.S.SURESH
S/O SRINIVAS REDDY
AGED ABOUT 64 YEARS,
Digitally signed by
SHOBHA C R/AT NO.45,
Location: High
Court of Karnataka KASAVANAHALLI, BELLANDUR POST,
BENGALURU-560 035
MOBILE NO.9880344948
...RESPONDENT
(BY SRI. GAVI SIDDAIAH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO DIRECTION OR ORDER, DIRECTING THE
HONBLE 58th ACMM, MAYO HALL UNIT, BANGALORE TO DISPOSE OF
C.C.NO.58991/2018 PENDING ON IS FILE, WITHIN 60 DAYS FROM
THE DATE OF SUCH DIRECTION FROM THIS HONBLE COURT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
CRL.P No. 1558 of 2023
ORDER
This petition is filed under Section 482 of Cr.P.C. seeking issue of direction LVIII Additional Chief Metropolitan Magistrate, Bengaluru, to dispose of C.C. No.58991/2018 within sixty days.
2. The learned counsel for the respondent appeared and filed objection contending that respondent complainant said to be unwell and he has suffered from Covid-19 and thereafter, continuously suffering from Astma and other ailments and was not able to move. Therefore, filed an application under Section 284 of Cr.P.C. for appointment of Commissioner, which was rejected by the trial Court. Thereafter, the respondent filed revision petition, which is pending for pronouncement of orders.
3. The learned counsel for the petitioner submits that the petitioner has no objection for recording the evidence of P.W.1 by way of appointment of Commissioner and that would be helpful to the respondent-complainant and prayed for dismissal of the petition.
-3-CRL.P No. 1558 of 2023
4. Having heard learned counsel for the parties, perused the records.
5. The examination in chief of P.W.1 was conducted in the year 2020. For the last three years, there is no progress in case. The respondent's counsel submits that the respondent was not able to move and therefore, filed an application for appointment of Commissioner, which came to be rejected.
6. This Court cannot give a direction to the trial Court to dispose of the matter when the application filed by the respondent under Section 284 of Cr.P.C. for appointment of Commissioner is rejected and the criminal revision petition is reserved for pronouncement of orders.
Therefore, the criminal petition dismissed.
Sd/-
JUDGE CS List No.: 1 Sl No.: 64