Allowed¶29

Ayaz Ali v. Mohammed Basheer

Karnataka HC25 Jul 2025CRL.A/1411/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.A No. 1411 of 2025 (NC: 2025:KHC:28725); decided 25.07.2025 by S Rachaiah J. Appeal under S.378(4) Cr.PC by complainant Ayaz Ali against dismissal of complaint in C.C.No.202/2019 (Senior Civil Judge & JMFC, Mudigere) for his absence; NBW against accused Mohammed Basheer unexecuted; inter-se court transfer on 24.01.2019; appeal allowed, order dated 30.10.2019 set aside, complaint restored, trial to resume from stopped stage after notice to complainant.

What did the court decide?

Order dated 30.10.2019 in C.C.No.202/2019 set aside; complaint/file to be restored by the Trial Court Registry; Trial Court to issue notice to the complainant and proceed from the stage where proceedings stopped. ¶29

Ayaz Ali Vs Mohammed Basheer — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:28725 CRL.A No. 1411 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1411 OF 2025 (A)

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BETWEEN:

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AYAZ ALI S/O H.K MOHAMMED AGED ABOUT 33 YEARS BIDARAHALLI VILLAGE AND POST KASABA HOBLI, MUDIGERE TALUK CHIKAMAGALUR DISTRICT- 577 132 …APPELLANT

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(BY SRI. VISHNU SHARMA B V., ADVOCATE)

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AND:

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MOHAMMED BASHEER S/O HASEENAR AGED ABOUT 45 YEARS R/AT UMMIKALA HOUSE BALLARY POST, SULYA TALUK MANGALORE DISTRICT-574 239 …RESPONDENT

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.10.2019 IN CC.NO.202 OF 2019 ON THE FILE OF THE COURT OF SR.CIVIL JUDGE AND JMFC, MUDIGERE AND CONSEQUENTLY RESTORE THE COMPLAINT IN CC.NO.202 OF 2019 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MUDIGERE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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2 - NC: 2025:KHC:28725 CRL.A No. 1411 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant being aggrieved by the impugned order dated 30.10.2019 passed in C.C.No.202/2019 on the file of the Senior Civil Judge and J.M.F.C., Mudigere, seeking to set aside the impugned order.

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It is the submission of learned counsel for the appellant that a complaint was filed on 19.02.2018 and the matter was settled down for sworn statement on 28.03.2018. After recording the sworn statement, a Criminal Case was registered and the matter was posted for the appearance of accused for taking steps on 06.06.2018.

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Thereafter, on 06.06.2018, the case was adjourned to 04.07.2018. On 04.07.2018, an endorsement was issued stating that the summons was not claimed. Therefore, the trial Court issued N.B.W to the accused. The N.B.W was not executed on several occasions.

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On 24.01.2019, the proceedings was transferred from the Court of Principal Civil Judge and J.M.F.C., Mudigere, to the Court of Senior Civil Judge and J.M.F.C., Mudigere. Thereafter, the complainant was not aware about the transfer of case.

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3 - NC: 2025:KHC:28725 CRL.A No. 1411 of 2025

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HC-KAR

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In the meantime, the N.B.W was not executed even on several occasions, though, necessary steps was taken by the complainant. However, on 30.10.2019, the complaint came to be dismissed. Hence, the said order may be set aside. Making such submissions the learned counsel for the appellant prays to allow the appeal.

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Having considered the submissions of learned counsel

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for the appellant and also perused the order sheet made available along with the appeal, I am of the considered opinion that, the said submissions made by learned counsel for the appellant is appropriate and correct and the absence of the complainant appears to be bonafide and was not intentional. Hence, I proceed to pass the following :

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ORDER

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