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2025 Supreme(Online)(Kar) 33686

KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
SRI ASHOK KHENY – Appellant
Versus
ABRAHAM T.J. – Respondent


Advocates:
For the Appellants/Petitioners: SRI C.V.NAGESH, SRI S.B.MATHAPATI
For the Respondents: SRI ABRAHAM T.J.

Table of Content
1. basis for criminal petition. (Para 1 , 3 , 4)
2. arguments regarding discharge application. (Para 5 , 6)
3. court's observations on case proceedings. (Para 7 , 8)
4. application of sections 244 and 245 of cr.p.c. (Para 10 , 12)
5. conclusion and remittal for fresh consideration. (Para 13)

CAV ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.30749 of 2021 pending before XLII Additional Chief Judicial Magistrate, Bengaluru with particular reference to the order dated 08-10-2024 directing framing of charges against the petitioners for offences punishable under Sections 120B , 167, 177, 182, 192, 193, 196, 197, 198, 199, 200, 217, 218, 409, 415, 420, 464, 468, 471 of the IPC r/w Section 31 (a) and (b) of the Representation of People Act, 1950 r/w Rules 13(1) and 26 of Registration of Electors Rules, 1960 .

2. Heard Sri C.V.Nagesh, learned senior counsel appearing for the petitioners and Sri T.J. Abraham, respondent in person.

3. Facts, in brief, germane are as follows:-

The 1st petitioner seeks to contest an election from Bidar South Constituency and files application in Form No.6 for inclusion of his name in the Voters’ list/electoral r

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