Allowed

Sreelakshmi Swasayaya Sangha v. Smt Mangalagowri

Karnataka HC6 Dec 2023CRL.P/3858/2020

Case brief

AI extract

What is this about?

Criminal petition challenging dismissal of P.C.R. for non-prosecution due to petitioner's hospitalization. Court allowed petition, set aside impugned order, and restored case to trial court for recording sworn statement.

What did the court decide?

The impugned order dated 02.03.2019 dismissing the complaint for non-prosecution is set aside; the case in P.C.R No.101/2015 is restored to the file of the Trial Court; the petitioner No.1 is directed

Sreelakshmi Swasayaya Sangha Vs Smt Mangalagowri — Cheating and Forgery | Karnataka HC (2023)

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1 - NC: 2023:KHC:44274 CRL.P No. 3858 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 3858 OF 2020

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BETWEEN:

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SREELAKSHMI SWASAYAYA SANGHA DANDIGANAHALLI VILLAGE, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT REP. BY ITS SECRETARY BY THE PETITIONERS NOS.1 AND 2

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SMT. PUTTALAKSHMAMMA W/O B.N. KRISHNAPPA, AGED ABOUT 52 YEARS

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SMT. LAKSHMAMMA W/O NINGAIAH AGED ABOUT 53 YEARS,

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/O DANDIGANAHALLI VILLAGE, DEVALAPURA HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571402.

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…PETITIONERS

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(BY SRI. RAJA L., ADVOCATE)

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AND:

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SMT. MANGALAGOWRI W/O GOVINDAIAH, AGED ABOUT 40 YEARS, R/O NO.47, 101, PWD LAYOUT,

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2 - NC: 2023:KHC:44274 CRL.P No. 3858 of 2020

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CHAMARAJANAGAR TOWN, CHAMARAJANAGARA DISTRICT-571313.

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…RESPONDENT THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, NAGAMANGALA IN PCR.NO.101/2015 DATED 02.03.2019.

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

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ORDER

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The petitioners have challenged an order dated 02.03.2019 passed by the Civil Judge and JMFC., Nagamangala, (henceforth referred to as 'the Trial Court') in P.C.R No.101/2015 dismissing the complaint for nonprosecution.

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The petitioner-Sangha filed P.C.R No.101/2015 against the respondent alleging commission of the offences punishable under Sections 420 and 468 of the Indian Penal Code, 1860 (for short, 'IPC'). It is stated that since the petitioner No.1 herein was unwell and was hospitalized, he could not appear before the Trial Court

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NC: 2023:KHC:44274 CRL.P No. 3858 of 2020

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and record his sworn statement. Consequently, the Trial

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Court dismissed the complaint for non-prosecution.

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Being aggrieved by the same, the petitioners have filed this petition.

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The notice of this petition is served on the respondent but she has not appeared. It is stated by the learned counsel for the petitioners that the petitioner No.1 could not appear before the Trial Court due to ill health and record his sworn statement. He, therefore, prays that an opportunity be granted to the petitioner No.1 to record his sworn statement and take further steps.

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In view of the aforesaid submission, this Court

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is of the opinion that an opportunity deserves to be granted to the petitioner No.1. Hence, this petition is allowed and the impugned order dated 02.03.2019 passed by the Civil Judge and JMFC., Nagamangala, in P.C.R No.101/2015 dismissing the complaint for non-prosecution is set aside and the case in P.C.R No.101/2015 is restored to the file of the Trial Court. The petitioner No.1 shall

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NC: 2023:KHC:44274 CRL.P No. 3858 of 2020

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appear before the Trial Court on 26.12.2023 without fail and record his sworn statement failing which the petition

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shall again stand dismissed for non-prosecution.

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Sd/JUDGE

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SMA List No.: 1 Sl No.: 61

Sreelakshmi Swasayaya Sangha v. Smt Mangalagowri

Case brief

What is this about?

What did the court decide?

Sreelakshmi Swasayaya Sangha v. Smt Mangalagowri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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