Dismissed

Sri R Balaji v. Sri Nagaraju K

Karnataka HC2 Nov 2023CRL.RP/1242/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka dispensed with the hearing of a Criminal Revision Petition filed by an absent accused. Dismissing the matter for non-prosecution, the Court ordered the respondent-complainant to proceed against the petitioner before the trial court with respect to the previously impugned judgments.

What did the court decide?

Petition dismissed for non-prosecution; respondent allowed to proceed against petitioner before trial court.

Sri R Balaji Vs Sri Nagaraju K — Criminal Trial and Appeal | Karnataka HC (2023)

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NC: 2023:KHC:38896 CRL.RP No. 1242 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO.1242 OF 2019

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BETWEEN:

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SRI. R BALAJI S/O RAJAVARDHAN AGED ABOUT 55 YEARS, RESIDING AT NO.333 8^TH CROSS, 8^TH MAIN, BEHIND WATER TANK, B T M LAYOUT, 2^ND STAGE, MICO LAYOUT BENGALURU - 560 068

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…PETITIONER

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(BY SRI. ANAND BEERANNAVAR AND SRI. MAHESH M, ADVOCATES - ABSENT)

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AND:

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Digitally

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signed by MADHURI S Location: High Court of Karnataka

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SRI NAGARAJU K S/O SRI KADEGOWDA AGED ABOUT 40 YEARS, RESIDING AT NO.R-202 POLICE QUARTERS, SIRSI CIRCLE MYSORE ROAD, BENGALURU - 560 028

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…RESPONDENT

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(RESPONDENT - SERVED)

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC PRAYING TO a) EXAMINE THE RECORDS OF THE TWO TRIAL COURTS REGARDING THE LEGALITY, PROPRIETY AND CORRECTNESS OF THE FINDINGS AND ALSO THE REGULARITY OF THE PROCEEDINGS; b) SET ASIDE THE TWO IMPUGNED JUDGMENTS viz., CRIMINAL APPEAL NO.172/2018 DATED 08.07.2019, HON'BLE LXIV ADDITIONAL CITY CIVIL AND

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2 - NC: 2023:KHC:38896 CRL.RP No. 1242 of 2019

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SESSIONS JUDGE (CCH-65) AT BENGALURU AND C.C.NO. 24025/2016 DATED 03.01.2018 ON THE FILE OF XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND GRANT SUCH OTHER EQUITABLE RELIEF DEEMED FIT AND PROPER, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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No representation for the petitioner.

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This petition is filed by the accused.

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For non appearance of petitioner and his

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counsel, vide order dated 02.08.2023, Non bailable warrant was issued against the petitioner/accused and notice to surety was also issued. However, it is noticed that no order for suspension of sentence is passed. Consequently, petitioner/accused has not furnished any surety to this Court. The trial Court has reported that before the trial Court, the petitioner/accused has furnished cash security of Rs.6,000/-.

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Though notice issued to respondent/

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complainant is duly served, he has also not appeared before the Court. Now the warrant issued to the

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3 - NC: 2023:KHC:38896 CRL.RP No. 1242 of 2019

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petitioner/accused is returned with an endorsement that he has left the address about three years back and at present, one Joseph Oman is residing in the said address since three years. In this regard, a mahazar is also drawn with the photograph and copy of rental agreement of the present tenant is produced.

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It appears that petitioner/accused is not

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interested in prosecuting the petition. Consequently, it is dismissed for non prosecution.

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Respondent/complainant is at liberty to proceed

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against the petitioner/accused before the trial Court.

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Sd/JUDGE

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MDS

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List No.: 1 Sl No.: 11

Sri R Balaji v. Sri Nagaraju K

Case brief

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What did the court decide?

Sri R Balaji v. Sri Nagaraju K

Case brief

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