Sri Narase Gowda B.V vs State Of Karnataka on 1 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL REVISION PETITION NO.479/2017

BETWEEN:

SRI NARASE GOWDA B.V.
S/O SRI ERANNA
AGED ABOUT 50 YEARS
RESIDING AT NO.16
5TH MAIN, GADI MUDDANNA ROAD
KAMAKSHIPALYA
BANGALORE – 560 079. …PETITIONER

(BY SRI CHANDRAPRABHU T.S., ADV.)

AND:

STATE OF KARNATAKA BY
ULSOOR GATE WOMAN POLICE
HUDSON CIRCLE
BANGALORE
REP. BY SPP
HIGH COURT
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:
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ORDER

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

READ  Sudeshna Bhattacharjee-vs-State Of West Bengal And Anr. on 28 April, 2003

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
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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.

Sd/-

JUDGE
KNM/-

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