IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4206/2013 BETWEEN SMT. D SAKAMMA W/O SHIVALINGAIAH, AGED ABOUT 77 YEARS, R/O M/S. HANUMAN FOUNDRY NO.1, INDUSTRIAL TOWN, MAGADI CHORD ROAD, BANGALORE-560 010.
... PETITIONER (BY SRI K V THIMMAIAH, ADV.) AND SMT B T KEMPAMMA @ MANI W/O. H. RANGE GOWDA, MAJOR IN AGE, NO.335, 16TH CROSS, PIPELINE ROAD, SUNKADAKATTE, VISHWANEEDAM POST, SRIGANDAKAVAL, BANGALORE-560 091.
... RESPONDENT (BY SRI JAYARAJ GOWDA, ADV.-ABSENT.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.06.2013 PASSED BY THE IV A.C.M.M., BANGALORE IN C.C.NO.14683/2011 AND RESTORE THE CASE AND DIRECT THE HON'BLE IV A.C.M.M., BANGALORE TO PROCEED FURTHER IN THE ABOVE CASE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner requests the Court to issue Court notice to the petitioner as he has not filed vakalath for the petitioner. I do not find any necessity to issue Court notice to the petitioner.
2. On going through the records, it is noticed that the petition is of the year 2013 and the petitioner is aggrieved by the order passed by learned IV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.14683/2011 whereby, the complaint filed by the petitioner under Section 200 of Cr.P.C. for the offences punishable under Sections 406, 420, 467, 468 and 471 of IPC has been dismissed for non-prosecution.
3. The order sheet maintained by the trial Court discloses that the proceedings were pending on the file of the learned Magistrate since, 2011. On account of continuous absence of the complainant, learned Magistrate was constrained to dismiss the complaint filed by the petitioner.
4. Even before this Court, the complainant has not evinced any interest in prosecuting the petition. Petitioner has not made out any justifiable ground to set aside the impugned order.
Consequently, the petition is dismissed.
Sd/- JUDGE VM CT-HR