Manukumar Vs State of Karnataka

THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 13.11.2024 PASSED IN CRL.R.P.NO.120/2022 BY

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2 - NC: 2025:KHC:35873 CRL.P No. 400 of 2025

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HC-KAR

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THE LEARNED LXVII ADDL. CITY CIVIL & SESSIONS JUDGE BANGALORE (CCH-68) AND ORDER TO RESTORE THE PETITION AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by the petitioner - accused

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feeling aggrieved by the order of the Revisional Court, wherein the Revisional Court has dismissed the revision filed by the petitioner for non-prosecution.

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The petitioner, being aggrieved by the

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judgment of conviction and sentence passed by the learned Magistrate, preferred Criminal Revision Petition No.120/2022 before the learned Sessions Judge. The Revisional Court, however, by its order dated 13.11.2024, dismissed the said revision petition for non-prosecution on the ground that, despite having been granted sufficient opportunity, neither the petitioner nor his counsel had

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HC-KAR

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chosen to prosecute the matter diligently. Consequently, the revision petition came to be dismissed without an adjudication on its merits.

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On a careful perusal of the records, this Court

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finds that there was indeed some degree of laxity on the part of the petitioner in not pursuing the revision petition with due diligence. Nonetheless, it is also evident that the petitioner seeks to raise serious issues in the revision proceedings, particularly with regard to allegations of impersonation and the plea of guilt, which, according to him, were not properly appreciated by the courts below. Having regard to the nature of the allegations, and in order to secure the ends of justice, this Court is of the considered view that one final indulgence deserves to be shown to the petitioner so that the revision petition may be decided on its merits rather than being shut out on technical grounds.

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HC-KAR

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In the above circumstances, this Court is

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inclined to set aside the order of dismissal and restore the revision petition to the file of the Revisional Court, subject to the condition that the petitioner shall hereafter prosecute the matter with utmost diligence. Accordingly, this Court proceeds to pass the following:

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ORDER

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(i) The petition is allowed.

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(ii) The impugned order dated 13.11.2024 passed in Crl.R.P.No.120/2022 by the learned LXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-68) dismissing the revision petition for nonprosecution is hereby quashed and set aside.

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(iii) The matter is remitted to the Revisional Court for fresh consideration on merits in accordance with law.

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(iv) Since the petitioner is already represented by his counsel, the Revisional Court shall not be required to issue any

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NC: 2025:KHC:35873 CRL.P No. 400 of 2025

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HC-KAR

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further notice. The petitioner shall, without fail, appear before the Revisional Court on 08.10.2025 and shall thereafter cooperate fully in the expeditious disposal of the revision petition.

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(v) It is made clear that no further indulgence shall be granted in the event of any default or lack of diligence on the part of the petitioner in prosecuting the revision petition.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 12

Manukumar v. State of Karnataka

Case brief

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Manukumar v. State of Karnataka

Case brief

What is this about?

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