IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6890/2018 BETWEEN:
MR. C.M. IBRAHIM FORMER UNION MINSTER S/O LATE CMK ALI NO.81, BENSON TOWN BANGALORE - 560 046.
(BY SRI. VISHNU HEGDE., ADVOCATE) AND:
MR. ANWAR MANIPPADY THE CHAIRMAN KARNATAKA STATE MINORITIES COMMISSION, 5TH FLOOR V.V. TOWERS, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.
ALSO HAVING ADDRESS: "MANIPPADYS" NO.328 7TH MAIN, 3RD CROSS VIVEKNAGAR BANGALORE - 560 047.
AND NO.3004,NALAPAD RESIDENCY KAPITANIYA MANGALORE - 575 002.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER 28.06.2018 IN CR.RP.263/2018 PASSED BY THE LXXXI CIVIL AND SESSION JUDGE, BANGALORE (CCH-82) i.e., ANNEXURE A AS WELL AS IMPUGNED ORDER DATED:30.01.2018, PASSED BY THE VIII ACMM, BANGALORE, IN PCR NO.9314/2012 (ORDER SHEET) i.e., ANNEXURE-B BY RESTORING THE COMPLAINT FILED BY THE PETITIONER BY PROVIDING FURTHER OPPORTUNITY TO THE COMPLAINANT ON ANY CONDITIONS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Vishnu Hegde, learned Advocate appearing for petitioner extensively. Perused the records.
2. Petitioner herein who is a Former Union Minister filed a complaint under Section 200 Cr.P.C. which came to be registered in PCR No.9314/2012 for taking cognizance against accused for the offence punishable under Sections 500, 501 and 502 IPC, alleging that accused had made false allegations against complainant so as to defame his name and fame, intentionally to malign his reputation in the society and said complaint was presented on 16.05.2012. On said date complainant was present before Court, subsequently for recording sworn statement matter came to be adjourned to 08.06.2012 and thereafter, from time to time it has been adjourned upto 30.01.2018. Inotherwords, matter was adjourned on 23 hearing dates, on which dates complainant has continuously, consistently remained absent and learned trial judge after having granted sufficient time and left with no other option has dismissed the complaint for non prosecution.
3. Assailing the order dated 30.01.2018, criminal revision petition came to be filed in Crl.R.P.No.263/2018 which has also been adjourned and learned Sessions Judge by order dated 28.06.2018 after having noticed that complainant has not turned up for tendering his sworn statement and for this reason matter has been adjourned by granting 23 adjournments and as such learned Sessions Judge has rightly confirmed said order that there are no good grounds to interfere with the order passed by the learned Magistrate. Order passed by the trial Court as affirmed by Revisional Court on appreciation of facts, if interfered, would send a wrong message to the litigants who do not appear before Courts and it would amount granting premium to such litigants who are casual in their approach.
For reasons aforestated, this Court is of the view there is no good ground to interfere with order passed by trial Court as affirmed by Revisional Court.
Hence, petition stands rejected.
SD/- JUDGE RU