Smt Shobha v. Somashakhar S/Jo Basayya Hiremath
Case brief
What is this about?
Section 482 Cr.P.C. petition (Dharwad bench, Karnataka HC, Justice V. Srishananda, 11.02.2026) dismissed. Challenge to JMFC II Court, Dharwad order dated 27.06.2023 in Criminal Misc. No. 35/2019 rejecting petitioner's application under Sections 91 and 311 Cr.P.C. r/w Section 28 DV Act, 2005 to summon salary certificate of respondent No.1 from Shakunt Enterprises Private Limited; earlier identical application already allowed and company replied respondent ceased employment on 15.12.2021; rejection upheld as correct, no scope for interference; liberty to apply afresh with particulars if respondent employed elsewhere. Parties: Smt. Shobha (petitioner) v. Somashakhar, Basayya, Gangavva, Vijayalaxmi @ Meenaxi, Channayya (respondents).
What did the court decide?
In view of the employer's specific letter stating that respondent No.1 was not working with Shakunt Enterprises Private Limited, a further similar application to obtain the salary certificate did not arise, and the learned trial Magistrate had rightly rejected the application.