Dismissed

Shri Maheshwar S/O Veerasangayya Hiremath v. Shri Chidanand Durdundayya Hiremath

Karnataka HC3 Nov 2023CRL.P/100405/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a criminal petition filed under Section 482 Cr.P.C. seeking to set aside an order dismissing a private complaint for default. Relying on Supreme Court precedent, the court held that such dismissal amounts to acquittal and the remedy lies in appeal under Section 378(4).

What did the court decide?

The criminal petition seeking to set aside the dismissal of the private complaint is dismissed.

Shri Maheshwar S/O Veerasangayya Hiremath Vs Shri… — Writ and Judicial Review | Karnataka HC (2023)

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NC: 2023:KHC-D:12816 CRL.P No. 100405 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF NOVEMBER 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 100405 OF 2023

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BETWEEN:

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SHRI. MAHESHWAR S/O VEERASANGAYYA HIREMATH, AGE. 50 YEARS, OCC. BUSINESS, R/O. KALA MARUTI GALLI, TQ. CHIKKODI, DIST. BELAGAVI.

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… PETITIONER

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(BY SRI. JAGDISH PATIL, ADVOCATE)

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AND:

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SHRI. CHIDANAND DURDUNDAYYA HIREMATH, AGE. 66 YEARS, OCC. AGRICULTURE, R/O. RANGAPUR, TQ. DIST. BELAGAVI.

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.07 10:34:43 +0530

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… RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C., IS SEEKING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 21.11.2017 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHIKKODI, IN P.C NO.139/2014 WITH RESPECT TO THE PETITIONER AND SET ASIDE THE ORDER DATED 03.11.2022 IN CRIMINAL R.P NO.03/2018 IN DISMISSING THE PETITION WITH RESPECT TO THE PETITIONER.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC-D:12816 CRL.P No. 100405 of 2023

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ORDER

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This petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 21.11.2017 passed in P.C No. 139/2014 by the Principal Civil Judge and JMFC, Chikkodi. The Principal Civil Judge and JMFC, Chikkodi by the impugned order has dismissed the private complaint of the petitioner for default. The Hon’ble Apex Court in the case of the Maj.Gen. A.S.Gauraya and another Vs S.N Thakur and another in AIR 1986 SC 1440 = 1986(2) SCC 709 held as under:

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“Where a complaint is dismissed for

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default, its effect is acquittal of the accused. The remedy is to file an appeal under Section 378(4) of Cr.P.C. Petition under Section 482 for quashing the order of dismissal or restoration of the complaint is held to be not maintainable.”

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