IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8268/2015 Between:
Mr.P.S.Mohammed Iqbal, S/o Hajee P.M.Kunhi Bhava, Aged about 34 years, R/at Natekal, Manjandy Village, Mangalore Taluk, D.K. – 576 002. …Petitioner (By Sri Nishit Kumar Shetty, Advocate) And:
Mr. Neeth Prabhakar, S/o Prabhakar, Vidush Trading Company, “Thej Ghar’, Kadri Road, Mangalore – 575 003.
Now Residing at Flat No.202, 2nd Floor, Ibrose Apartment, Jail Road, Mangalore, D.K. District – 576 003. ...Respondent (Respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the order dated 21.10.2013 made in C.C.No.1348/2006 by the II Addl. Civil Judge and JMFC (Jr.Dv), Mangalore and direct the Court below proceed with the evidence recorded by predecessor Magistrate.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioner. Respondent is served and unrepresented.
Learned counsel for petitioner submits that, on erroneous understanding of law, a submission was made before the Trial Court seeking leave of the court to adduce fresh evidence on behalf of the complainant.
2. In view of the law laid down by the Hon’ble Supreme Court in J.V.BAHARUNI & Another vs. STATE OF GUJARAT & Another, (2014) 10 SCC 494, impugned order dated 21.10.2013 in C.C.No.1348/2006 (P.C.No.520/2001) passed by the II Addl. Civil Judge & JMFC (Jr.Dn.), Mangalore is quashed. Petition is allowed. Evidence adduced by the complainant shall be acted upon by the learned Magistrate in accordance with law.
Sd/- JUDGE Bss