IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRIMINAL PETITION No.1791/2016 BETWEEN SRI GOPINATH UDUPA AGED 39 YEARS, SON OF LATE SHRIPATHI UDUPA, RESIDING AT "DWARAKA" NILAYA, NEAR FOREST OFFICE, PRANTHYA VILLAGE, MOODBIDRI, MANGALURU TALUK, D.K.DISTRICT 574227.
(BY SRI P P HEGDE, ADV.) AND 1. SRI.NARAYAN BHAT ADULT, S/O LATE SUBBA RAO 2. MRS APOORVA, ADULT, D/O NARAYAN BHAT, BOTH ARE RESIDING AT PANCHAJANYA HOUSE, NEAR RANGE FOREST OFFICE, PRANTHYA VILLAGE, MANGALORE TALUK-574227.
...PETITIONER 3. THE STATE OF KARNATAKA THROUGH THE INVESTIGATING THE STATION HOUSE OFFICER OFFICER MOODBIDRI POLICE STATION, MOODBIDRI REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BENGALURU-01.
RESPONDENTS (BY SRI DHANANJAY KUMAR, ADV. FOR R1 & R2, SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 28.10.2015 PASSED BY THE CIVIL JUDGE AND JMFC, MOODBIDRI IN C.C.NO.400/2013, ALLOWING THE APPLICATION FILED BY RESPONDENT NO.2 U/S 205 OF THE CR.P.C.
THIS CRIMINAL PETITION COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. Petitioner is before this Court being aggrieved by the order passed on the application preferred under Section 205 of Cr.P.C. by respondent No.2 herein whereby the Court of Civil Judge & JMFC, Moodbidri was pleased to exempt respondent No.2 from appearance on the premise that respondent No.2 is married and residing with her husband in Bangalore and she is pursuing the course of Chartered Accountant. Hence, it would definitely cause serious hardship to respondent No.2 to travel from Bangalore to Moodbidri and also took note of the undertaking made by respondent No.2 that she will not dispute her identity at the time of evidence.
3. Learned counsel for the petitioner after arguing for sometime fairly admits that charges have been framed and the trial has been commenced. Hence, he prays that the petition be dismissed as not pressed. His submission is placed on record.
Accordingly, the criminal petition is dismissed as not pressed.
Sd/- JUDGE VM CT:HR