IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST 2017
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL REVISION PETITION NO.479/2017
SRI NARASE GOWDA B.V.
S/O SRI ERANNA
AGED ABOUT 50 YEARS
RESIDING AT NO.16
5TH MAIN, GADI MUDDANNA ROAD
BANGALORE – 560 079. …PETITIONER
(BY SRI CHANDRAPRABHU T.S., ADV.)
STATE OF KARNATAKA BY
ULSOOR GATE WOMAN POLICE
REP. BY SPP
BANGALORE – 560 001. …RESPONDENT
(BY SRI NASRULLAKHAN, HCGP.)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE
ORDER OF DISMISSAL OF THE APPEAL FOR NON PROSECUTION
PASSED BY THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE IN CRL.A.NO.109/2016 DATED 04.03.2017.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
Though the matter is listed for Admission, is taken
up for final adjudication, having regard to the
circumstances of the case.
2. The petitioner was convicted by the trial court in
respect of the offence under Section 498A of IPC. His
appeal is dismissed for non-prosecution.
3. Sri.Chandraprabhu T.S., learned Counsel for the
petitioner submits that, the petitioner has a good ground
to urge in his appeal. Since the case was being called
before the in-charge Court, the Counsel on record was
under the impression that the matter will not be heard
on its merits by the regular court. Under the bonafide
belief, he remained absent on the hearing dates. If
opportunity is given, without fail he will submit his
arguments before the lower appellate court.
4. In the light of the above submission, revision
petition is allowed. The order passed by the lower
appellate court on 4.3.2017 is set aside. The matter is
remanded to the lower appellate court with a direction to
dispose of the case on merits after giving opportunity to
both the parties.
5. Without waiting for the notice from the court, the
petitioner or his Counsel is directed to be present before
the lower appellate court on 22.8.2017, and that notice
shall be taken to the respondent.
6. The petitioner without seeking a single
adjournment shall submit his argument on the date fixed
by the court whereupon the case shall be disposed of in
accordance with law as expeditiously as possible.
In view of disposal of the main petition,
I.A.No.1/2017 does not survive for consideration, hence,
stands disposed of.