Crl.rp/431/2025 Of Sri Prabhakar Reddy v. The Income Tax Department

Digitally signed byLAKSHMINARAYANAMURTHY RAJASHRILocation: HIGHCOURT OFKARNATAKA HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7 DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 431 OF 2025BETWEEN: SRI PRABHAKAR REDDY S/O LATE R RANGAPPA REDDY AGED ABOUT 75 YEARS OCCUPATION: LAND DEVELOPER No.152, 5 CROSS, 27 MAIN 1 PHRASE, J P NAGAR BANGALORE - 560 078. MOBILE No. 99000 02124 …PETITIONER (BY SRI RAJEEV CHANNAPPA NULVI, ADVOCATE AND SMT. JINITA CHATTERJEE, ADVOCATE) AND: THE INCOME TAX DEPARTMENT THROUGH ITS DEPUTY DIRECTOR OF INCOME TAX (INV), UNIT -3(3) C.R.BUILDING(ANNEXE), QUEENS ROAD BENGALURU - 560 001. …RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.01.2025 PASSED BY THE LEARNED SPECIAL JUDGE FOR ECONOMIC OFFENCES, BENGALURU IN CRIMINAL CASE No.250/2018 REJECTING THE DISCHARGE APPLICATION OF THE PETITIONER AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: HC-KAR CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner is present and prays to transfer this Criminal Revision Petition to the Sessions Court having jurisdiction. 2. The impugned order passed by the Special Court for Economic Offence, Bengaluru, on the discharge application filed under Section 245 of Cr.P.C by the petitioner has been dismissed. The Court which passed the impugned order is presided by the Judicial Magistrate who is sub-ordinate to the Sessions Court. Proprietary demands that Criminal Revision Petition lies to the Sessions Court even though there is concurrent jurisdiction of this Court to entertain this Criminal Revision Petition. 3. Hence, this Criminal Revision Petition is ordered to be transferred to the Sessions Court having jurisdiction. HC-KAR 4. Registry is directed to send records of this Criminal Revision Petition to Sessions Court having jurisdiction. 5. The proceedings pending before the Special Court in C.C.No.250/2018 are stayed for a period of one month from this day. The Sessions Court after receiving this Criminal Revision Petition records on transfer has to consider the application filed by the petitioner seeking stay of proceedings of the Criminal Case independently. 6. For the purpose of statistics, this Criminal Revision Petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE