This Court heard a Criminal Revision Petition challenging the issuing of process by the Magistrate in a defamation case involving a practicing Advocate. The petitioner did not appear. The Court found prima facie material evidence and dismissed the revision.
The Criminal Revision Petition was dismissed. The order of the Magistrate issuing process was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:30868 CRL.RP No. 608 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL REVISION PETITION NO. 608 OF 2015
BETWEEN:
MRS. NANDINI ALVA, W/O LATE JEEVARAJ ALVA, NO. 517, R.M.V. EXTENSION, DR. JEEVARAJA ALVA ROAD, BANGALORE-560 080.
…PETITIONER
(BY SRI. VEDANAYAKI KIRAN .D, ADVOCATE(ABSENT))
AND:
SRI. N. VINOD, RESIDING AT NO. 131, 1ST MAIN, K.G. NAGAR, BANGALORE-560 019.
…RESPONDENT
(RESPONDENT IS SERVED)
Digitally signed by RENUKAMBA K G
Location: High Court of Karnataka
THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.6.2012 PASSED BY THE VII A.C.M.M., BANGALORE IN PCR NO.7367/2012 NOW CONVERTED TO C.C.NO.15574/2012.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The complainant respondent herein has field a complaint under Section 200 of Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Code’ for short) alleging that the accused has committed an offence under Section 500 of Indian Penal Code, 1860. The allegation disclose that the complainant is a practicing Advocate. According to the complainant, earlier he had filed a private complaint against accused, her daughter and her purchase manager before IV Additional Chief Metropolitan Magistrate, Bangalore and matter was referred for investigation in Crime No.90/2011. It is alleged that the FIR came to be challenged before this court in W.P.No.4547645477/2011.
NC: 2023:KHC:30868 CRL.RP No. 608 of 2015
recording the sworn statement, issued process. This order is being challenged before this court.
Sd/JUDGE
SS
List No.: 1 Sl No.: 21
2 issues framed by the court
Whether interference with the Magistrate's order issuing process against the accused is warranted in a revisional court.
Whether the allegations in the private complaint prima facie establish an offence of defamation.
3 provisions across 2 enactments
Mrs. NANDINI ALVA
SRI. N. VINOD
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
