IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7201 OF 2019 BETWEEN:
SHARMILA D.Y. D/O.LATE D.YESUDAS AGED ABOUT 47 YEARS R/O.NO.57, 1ST FLOOR 8TH MAIN, BTM 1ST STAGE INFRONT OF NIMHANS PARK BANGALORE SOUTH DHARMARAM COLLEGE BANGALORE -560 029 (BY SRI.BHARATI WADEKAR, ADV.) AND:
1. PRASANNA V.CHEBBY S/O.VITTALRAO AGED ABOUT 47 YEARS R/O-NO.33, 7TH MAIN, BTM 1ST STAGE BANGALORE-560 029 2. STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION BY STATE PUBLIC PROSECUTOR HIGH COURT BANGALORE-560 001 (BY SMT.NAMITHA MAHESH B.G., HCGP) … PETITIONER ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. TO SET ASIDE THE ORDER DATED: 06.08.2019 PASSED IN SPL.C.NO.584/2014 BY THE L ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-51) AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition petitioner has prayed for the following relief:
WHEREFORE, the petitioner prays that this Hon’ble High Court may be pleased to set aside the order dated 06.08.2019 passed in Spl. C. No.584/2014 by the L Additional City Civil and Sessions Judge, at Bangalore (CCH- 51, in the interest of justice and equity.
2. Accused has presented application under Section 311 of Cr.P.C. seeking permission to give evidence of CW-13, issue witness summons to PW.1, PW.3 and CW.13 for further examination/cross examination and it was allowed on 06.08.2019. Feeling aggrieved by the order dated 6.8.2019 on the score that evidence was closed on 17.2.2018 and before commencement of argument accused have presented application under Section 311 of Cr.P.C. on 05.7.2018 and presented this petition. Thus, the matter being dragged at the behest of the accused.
3. It was submitted that PW.3 is aged about 73 years and she is stated to be bed ridden and she is not in a position to adduce evidence. In this regard, necessary medical and other applications were stated to have been presented before the Court below.
4. Perusal of the dates and events, it is true that matter is dragged at the behest of the accused- respondent. As is evident from the record that on 17.2.2018 evidence was closed whereas accused have been permitted to file application under Section 311 of Cr.P.C. and it was allowed on 06.08.2019. Instead of interference with the order dated 6.8.2019, in the interest of justice, Court below is hereby directed to expedite the matter and complete the proceedings within a period of four months from the date of receipt of copy of this order. Petition is accordingly disposed of.
Sd/- JUDGE BS