IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA Crl.P. No.8121 OF 2017 BETWEEN:
SRI.KESHAVA KRISHNA B.P., PROPRIETOR LEONIS NETWORKS, R/AT NO.952/A, 14TH CROSS, I G MAIN, GIRINAGAR II PHASE, BANGALORE-560085.
(BY SRI. MOHAN MALAGE-ADVOCATE) AND:
SRI.KESHAVAMURTHY, PROPRIETOR, DATE CELL TECHNOLOGIES, NO.29, 34TH CROSS, 50TH MAIN ROAD, KUMARASWAMY LAYOUT, BANGALORE-560078.
…..PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., TO SET ASIDE THE ORDER DATED 15.09.2017 PASSED BY THE XVIII ADDL.C.M., BANGALORE IN C.C.NO.24130/2015 THE SAME IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND RESTORE THE C.C.NO.24130/2015 ON THE FILE OF XVIII ADDL.C.M.M., BANGALORE THIS CRIMINAL PETITION COMING ON FOR ‘ORDER’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R On perusal of the petition, it is filed against the order passed by the XVIII Additional Chief Metropolitan Magistrate, Bengaluru in dismissing the complaint for non-prosecution before appearance of the accused.
2. In view of the same, said order is revisable order. Hence, petitioner is permitted to file appropriate Revision Petition with competent Court.
3. With these observations, petition is dismissed with liberty to file appropriate Revision Petition before the competent Court.
Office is hereby directed to return all the papers to the learned counsel for the petitioner.
Sd/-
JUDGE JS