Dismissed

Ravigowda H v. Ashoka S

Karnataka HC28 Sept 2021CRL.P/7260/2016

Case brief

AI extract

What is this about?

This petition considered two separate criminal petitions filed under Section 482 Cr.P.C. directed to set aside lower court orders. The court dismissed Crl.P. No. 7260/2016 for non-prosecution due to the petitioner's prolonged absence. Similarly, Crl.P. No. 7262/2016 was dismissed for non-prosecution despite multiple opportunities to comply with orders or file objections.

What did the court decide?

Crl.P. No. 7260/2016 dismissed for non-prosecution; Crl.P. No. 7262/2016 dismissed for non-prosecution.

Ravigowda H Vs Ashoka S — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION NO. 7260 OF 2016

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C/W

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CRIMINAL PETITION NO. 7262 OF 2016

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IN CRL.P.NO. 7260 OF 2016

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BETWEEN:

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RAVIGOWDA.H, S/O RAMA SUBBEGOWDA, AGED 40 YEARS, R/O AVERAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYADISTRICT-571408

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... PETITIONER

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(BY SRI. PRAMOD R., ADVOCATE)

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AND:

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ASHOKA.S., S/O LATE S.S. SHIVANANJAPPA, AGED 57 YEARS, R/O LAWYERS COLONY, HOUSE NUMBER 1871/2011, SUBHASHNAGARA, MANDYA CITY-571401

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STATE BY MANDYA WEST POLICE, MANDYA CITY, MANDYA TALUK, MANDY DISTRICT-571401

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R.K.MURTHY, S/O RAJGOPAL, AGED 54 YEARS, R/O 8TH MAIN ROAD, 2ND CROSS, SHANKARAPURA, MANDYA-571401

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... RESPONDENTS

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(BY SMT. NAMITHA MAHESH B. G., HCGP FOR R-2; R-3 SERVED;

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V/O/D: 20.04.2021 NOTICE TO R-1 HELD SUFFICIENT)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 27.04.2016 PASSED BY THE V ADDL. DIST. AND S.J., AT MANDYA IN CRL.P.165/2015 AND THE ORDER DATED 21.09.2015 PASSED THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA IN PCR.NO.32/2014 (C.C.NO.1798/2015).

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IN CRL.P.NO. 7262 OF 2016

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BETWEEN:

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R.K.MURTHY, S/O RAJAGOPAL R. AGED 54 YEARS, R/O 8TH MAIN ROAD, 2ND CROSS, SHANKARAPURA, MANDYA-571401

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...PETITIONER

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(BY SRI. JAGADEESH H.T., ADVOCATE)

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AND:

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ASHOKA.S., S/O LATE S.S. SHIVANANJAPPA, AGED 57 YEARS, R/O LAWYERS COLONY, HOUSE NUMBER 1871/2011, SUBHASHNAGARA, MANDYA CITY-571401

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STATE BY MANDYA WEST POLICE, MANDYA CITY, MANDYA TALUK, MANDYA DISTRICT-571401

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RAVIGOWDA.H, S/O SUBBEGOWDA, AGED 40 YEARS, R/O AVERAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYADISTRICT-571408

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... RESPONDENTS

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(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 27.04.2016 PASSED BY THE V ADDL. DIST. AND S.J., MANDYA IN CRL.R.P.NO.180/2015 AND THE ORDER DATED 21.09.2015 PASSED THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA IN PCR.NO.32/2014 (C.C.NO.1798/2015).

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THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In Crl.P. No.7260/2016:

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The petitioner in Crl.P. No.7260/2016 has remained absent throughout. This Court by an order dated 23.09.2021 while directing the matter to be listed on 28.09.2021 observed that if the petitioners were not present on the next date, the criminal petition would be dismissed. Today (28.09.2021), there is no representation on behalf of the petitioner in the forenoon and afternoon sessions. Therefore, the criminal petition is dismissed for its non-prosecution.

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In Crl.P. No.7262/2016:

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This Court right from the date of filing of the present petition has been granting time either to comply with the office objections or make the submissions. On 09.06.2021, when the Court noticed that there was no representation on behalf of the petitioner and for the last two years the office objections had not been

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complied with. The trial Court was directed to proceed with the matter.

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When the matter was listed on the last occasion, there was no representation for the petitioner nor the office objections are complied with. Even today, it is the same state, therefore, the petition is dismissed for its non-prosecution.

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Sd/JUDGE

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VBS

Ravigowda H v. Ashoka S

Case brief

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Ravigowda H v. Ashoka S

Case brief

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