IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6001 OF 2019 BETWEEN:
SRI SRINIVASA.M.K., S/O LATE N.KALAIAH, AGED ABOUT 53 YEARS RESIDING AT NO.1063, 3RD MAIN, M.C.LAYOUT, VIJAYANAGAR, BENGALURU – 560 040. ...PETITIONER (By Sri B.RAVINDRANATH, ADVOCATE) AND:
SMT.SRILAKSHMI @ LAKSHMI, W/O SRI GURUDATTA, AGED ABOUT 50 YEARS, RESIDING AT NO.1498, 1ST FLOOR, 4TH CROSS ROAD, JUDICIAL LAYOUT, M.G.RESIDENCY, ALLALASANDRA, BENGALURU – 560 102. ...RESPONDENT (BY SRI LOHITH KUMAR.N.S., ADVOCATE) THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 17.07.2019 PASSED IN C.C.NO.6710/218 PENDING ON THE FILE OF THE LEARNED XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner has sought for the following relief:
“Wherefore, the petitioner most respectfully pray that this Hon’ble Court be pleased to quash the order dated 17.07.2019 passed in C.C.No.6710/2018 pending on the file of the learned XXIII Additional Chief Metropolitan Magistrate, Bengaluru in the ends of justice, equity and good consciences”.
2. Perusal of the order dated 17.7.2019 whereby the petitioner’s application filed under Section 311 of Cr.P.C. has been dismissed on the score that it was accompanied by the list of documents.
3. Learned counsel for the petitioner submitted that he intends to produce relevant documents.
4. On the other hand, learned counsel for the respondent submitted that the matter is dragged on for one or the other reason. Petitioner had sufficient time to make necessary application under Section 311 of Cr.P.C. along with the documents, which has been availed by him. Therefore, in the absence of any documents along with the application under Section 311 of Cr.P.C. was rightly rejected.
5. Heard the learned counsel for the parties. No doubt, petitioner had sufficient time to file application under Section 311 of Cr.P.C. along with the documents as is evident from the dates and events of the matter. However, in order to give one more opportunity to the petitioner, petitioner is hereby directed to produce relevant documents.
6. Accordingly, the order dated 17.07.219 passed in C.C.No.6710/218 pending on the file of the learned XXIII Additional Chief Metropolitan Magistrate, Bengaluru is set aside and the matter is remanded for afresh consideration of application filed under Section 311 of Cr.P.C. along with the documents to be produced by the petitioner. In the meanwhile, the matter is stated to have been listed for cross-examination of DW-11 on 12.11.2019, that would not come in the way of the present order. Parties are hereby directed to co-operate in the matter.
With the above observations, petition stands disposed of.
Sd/- JUDGE DH