Allowed

Shri Nandakumar S/O. Ashok Ghodake v. State of Karnataka

Karnataka HC23 Nov 2023CRL.P/102762/2023

Case brief

AI extract

What is this about?

The Criminal Petitioner, who was also the complainant in a Summary Case, sought quashing of an order dismissing his complaint for non-prosecution. The High Court allowed the petition, quashed the lower court order, and directed restoration of the proceedings to give the parties an opportunity to establish their case.

What did the court decide?

The impugned order of dismissal is quashed and proceedings in Summary Case No. 50/2017 are to be reopened. The petitioner-complainant must appear on 18.12.2023.

Shri Nandakumar S/O. Ashok Ghodake Vs State of Karnataka — Karnataka HC (2023) — LawSathi Research

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NC: 2023:KHC-D:13706 CRL.P No. 102762 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^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. 102762 OF 2023

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BETWEEN:

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SHRI. NANDAKUMAR S/O ASHOK GHODAKE, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. SHIVAJINAGAR, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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… PETITIONER

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(BY SRI. ROSHAN CHABBI, ADVOCATE FOR SRI. SHIVRAJ S BALLOLI, ADVOCATE)

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AND:

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VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2023.12.0111:43:07 +0530

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STATE OF KARNATAKA, THROUGH NIPPANI POLICE STATION, BELAGAVI DISTRICT, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580008.

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SHRI. DEEPAK S/O SHRIKANT HARADI, AGE. 52 YEARS, OCC. COMMISSIONER TOWN MUNICIPAL COUNCIL, R/O. TOWN MUNICIPAL COUNCIL, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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SHRI. VILAS S/O LAKSHMAN GADIVADDAR, AGE. 41 YEARS, OCC. PRESIDENT, TOWN MUNICIPAL COUNCIL, R/O. TOWN MUNICIPAL COUNCIL, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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NC: 2023:KHC-D:13706 CRL.P No. 102762 of 2023

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SHRI. SANJAY S/O SUBHASH SANGAONKAR, AGE. 45 YEARS, OCC. MEMBER, TOWN MUNICIPAL COUNCIL, R/O. PRAGATI NAGAR, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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SHRI. SAGAR S/O SURYAKANT MESTRI, AGE. 32 YEARS, OCC. SERVICE AT TOWN MUNICIPAL COUNCIL, R/O. ASHRAYA NAGAR, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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SHRI. B.B. BEDAKIHAL, AGE. MAJOR, OCC. SERVICE AT TOWN MUNICIPAL COUNCIL, R/O. ENGINEER, TOWN MUNICIPAL COUNCIL, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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SHRI. SANJAY S/O ANAPPA GURAV, AGE. 31 YEARS, OCC. JCB DRIVER, TOWN MUNICIPAL COUNCIL, R/O. AKKOL, TQ. CHIKODI, DIST. BELAGAVI-591237.

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SHRI. LAHU S/O VITTAL MADALE, AGE. 45 YEARS, OCC. SDC AT TOWN MUNICIPAL COUNCIL, R/O. BHIMNAGAR, NIPPANI, TQ. CHIKODI, DIST. BELAGAVI-591237.

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… RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR RF1)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., SEEKING TO QUASH THE IMPUGNED ORDER DATED 21.06.2023 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, NIPPANI, BELAGAVI IN SC NO.50/2017 AND RESTORE THE PROCEEDINGS IN S.C NO. 50/2017 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, NIPPANI.

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

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3 - NC: 2023:KHC-D:13706 CRL.P No. 102762 of 2023

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ORDER

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Petitioner has sought for quashing of the impugned order dated 21.06.2023 passed by the Additional Civil Judge and JMFC, Nippani, in Summary Case No.50/2017 and restoration of the proceedings.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State.

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The petitioner is complainant and on his complaint case came to be registered in Nippani Town Police Station in Crime No.17/2017 for the offences punishable under Sections 447, 427, 323, 341, 504, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the “IPC”, for brevity). Police after investigation filed ‘B’ report. After receipt of ‘B’ report, learned Magistrate has registered it as Summary Case No.50/2017 and issued notice to the petitioner/complainant. The petitioner appeared in the said case and filed protest memo. Case was being adjourned

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4 - NC: 2023:KHC-D:13706 CRL.P No. 102762 of 2023

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from time to time for one or another ground for hearing of the protest petition. On 18.04.2023, the Summary Case came to be adjourned at the request of the learned counsel for the complainant on cost of Rs.500/- and case is adjourned on 29.04.2023. On 29.04.2023 the complainant and counsel were present and paid cost and the case came to be adjourned for evidence on 21.06.2023. On 21.06.2023 noting the absence of the petitioner, complaint came to be dismissed for nonprosecution.

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On perusal of the protest memo, the petitioner has raised grounds in challenging the ‘B’ report. Learned Magistrate ought to have given opportunity to the petitioner to establish his case. In the result, the following:

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ORDER

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Petition is allowed.

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5 - NC: 2023:KHC-D:13706 CRL.P No. 102762 of 2023

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The order dated 21.06.2023 passed by Additional

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Civil Judge and JMFC, Nippani, are quashed. The proceedings in Summary Case No.50/2017 are order to be re-opened.

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The learned Magistrate shall give opportunity to petitioner/complainant to establish his case.

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The petitioner shall be present on 18.12.2023 without awaiting any Court notice.

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Sd/JUDGE

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AC CT:BCK List No.: 1 Sl No.: 36

Shri Nandakumar S/O. Ashok Ghodake v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Nandakumar S/O. Ashok Ghodake v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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