( By Sri. NISHIT KUMAR SHETTY, ADV.) v. ( By SriP KARUNAKAR, GP)

THE HON'BLE MR. JUSTICE K.N.KESHAVANARAYANA CRL.P No.5430/2012 BETWEEN : 1 RAKESH @ RAKESH KUMAR AGED ABOUT 30 YEARS S/O ARIMARDHAN SINGH BYRAPUR VILLAGE BHABOW POST KAIMUR DISTRICT BIHAR STATE 821101 2 SRI AKSHAY AGED ABOUT 30 YEARS RAMASHESHA, R/AT NO.290A 4TH MAINROAD 8TH A CROSS SRINIVASANAGARA BANGALORE 560050. ..PETITIONERS ( By Sri. NISHIT KUMAR SHETTY, ADV.) AND : STATE OF KARNATAKA BY CHICKPET POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE CITY 560 001. ..RESPONDENT ( By SriP KARUNAKAR, GP) 2 THIS CRL.P IS FILED U/S.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO DIRECT THE COURT BELOW TO EXPEDITE THE TRIAL AND DISPOSE OF C.C. No.8629/2011 (CRIME No.131/2010) ON THE FILE OF THE CMM., BANGALORE. THIS CRL.P. COMING ON FOR ADMISSION TODAY, THE COURT PASSED THE FOLLOWING: ORDER Limited prayer made in this petition by the petitioners is to direct the court below to expedite the trial and dispose of C.C. No.8629/2011 (Crime No.131/2010) on the file of the CMM., Bangalore at an early date.

#2. The petitioners have been arraigned as accused 1 and 2 in CC No.8629/2011 pending on the file of the CMM, Bangalore. Chickpet police registered the case initially for the offences punishable under Sections 467, 468, 471 read with Section 34 of IPC against these petitioners and after investigation, chargesheet came to be filed for the offences punishable under Sections 420, 511 read with Section 34 of IPC. The petitioners have entered appearance before the learned Magistrate. Their grievance is that the trial court is not expediting the trial. The 3 chargesheet came to be filed only on 14.3.2011 and the learned Magistrate on the same day took cognizance for the offences alleged and ordered issuance of summons. The case is hardly 1½ years old. I am given to understand that there are several older cases pending before the said Court. Therefore, I find no justification in the grievance of the petitioners. The trial court will have to take up the case for trial on the basis of its seniority by giving priority to cases in which the accused is/are in custody. In this case, the petitioners are on bail. Hence, I find no ground to issue any direction to the trial court. It is open to the petitioners to move the learned Trial Judge for taking up the case for trial. With this observation, the petition is disposed of. Sd/- JUDGE bkm.