Petition under Section 482 Cr.P.C. sought quashing of proceedings in a 2014 unlawful assembly and wrongful restraint case. Counsel for the petitioner was absent and the petition copy had not been served on the prosecutor despite warning; the court dismissed the petition for non-prosecution.
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: 2024:KHC:5525 CRL.P No. 8073 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CRIMINAL PETITION NO. 8073 OF 2023
BETWEEN:
SHAILENDRA BELDALE, S/O KASHINATH, AGE: 54 YEARS, OCC: M.L.A OF BIDAR SOUTH, R/O KEB ROAD BIDAR, TQ AND DIST BIDAR - 585 401.
…PETITIONER (BY SRI. MANURE ASHOK KUMAR, ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA, THE POLICE INSPECTOR OF NTPS, BIDAR, REPRESENTED, REPRESENTED BY ADDL. SPP HC KLB - 585 103.
(BY SRI. B.N. JAGADEESH, ADDL. S.P.P)
…RESPONDENT
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDING IN CC NO. 3538/2022 PENDING BEFORE THE II ADDL. SR. CIVIL JUDGE AND JMFC AT BIDAR BY NEW TOWN POLICE STATION IN CRIME NO. 104/2014 OF THE OFFENCES PUNISHABLE U/SEC. 143, 147, 341, 149 IPC IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:5525 CRL.P No. 8073 of 2023
ORDER
A Co-ordinate Bench of this Court vide order dated
03.11.2023 has said as under:
"No Representation for the petitioner.
Learned High Court Government pleader waives notice for the respondent.
Learned counsel for the petitioner to serve a copy of the petition papers upon the learned High Court Government Pleader, forthwith, failing which, the interim order granted earlier stands vacated.
List the matter on 17.11.2023."
Despite the warning, a copy of the petition has not been served on the learned Addl. State Public Prosecutor. Learned Addl. State Public Prosecutor complains that since petition copy has not been served on him, he is in a disadvantageous position. This is not a happy thing to happen.
In view of the above, petition is dismissed for
non-prosecution.
Sd/JUDGE
ABK List No.: 1 Sl No.: 8
5 provisions across 2 enactments
Shailendra Beldale
The State of Karnataka, by Police Inspector of NTPS, Bidar
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
