Karnataka High Court
Sri.P.N. Prakash vs Smt. Sangeetha D on 28 June, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:24294
CRL.P No. 1545 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1545 OF 2024
BETWEEN:
SRI. P.N. PRAKASH
S/O P.S. NAGARAJAPPA,
AGED ABOUT 39 YEARS,
R/AT PUTHANAPURA VILLAGE,
HANGALA HOBLI,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT 571 111
...PETITIONER
(BY SRI. K. RAVISHANKAR, ADVOCATE)
AND:
SMT. SANGEETHA D.,
W/O P.N. PRAKASH,
D/O DORESWAMY D.,
Digitally signed AGED ABOUT 30 YEARS,
by NAGAVENI
Location: HIGH R/AT PUTHANAPURA VILLAGE,
COURT OF
KARNATAKA HANGALA HOBLI,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT 571 111
...RESPONDENT
(BY SRI. H.C. SHANKAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.P.C., PRAYING TO
ALLOW THIS CRIMINAL PETITION AND QUASH THE IMPUGNED
ORDER DATED 21.01.2023 PASSED IN CRL.MISC.NO.274/2022
PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC
GUNDLUPET AND DIRECT THE TRIAL COURT TO HEAR ON
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NC: 2024:KHC:24294
CRL.P No. 1545 of 2024
I.A.NO. I AND PASS SUITABLE ORDERS IN ACCORDANCE
WITH LAW.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this court calling in question the order dated 21.01.2023 in Crl.Misc.No.274/2022 pending on the file of the Principal Civil Judge and JMFC, Gundlupete.
2. Learned counsel for the petitioner would submit that if an opportunity of hearing is granted that would suffice as an ex-parte interim order of maintenance is passed against this petitioner.
3. In the light of the order being passed without hearing the petitioner, the concerned court will have to now hear the petitioner and pass necessary orders in accordance with law. On this sole ground that the petitioner was not heard at the time when the order of maintenance was granted to the petitioner, which runs counter to the judgment of the Apex Court in the case of Rajnesh Vs. Neha and Another reported in (2021) 2 SCC 324, the impugned order is rendered unsustainable.
3. For the aforesaid reasons, the following: -3-
NC: 2024:KHC:24294 CRL.P No. 1545 of 2024 ORDER
(i) Criminal Petition is allowed;
(ii) Impugned order dated 21.01.2023 in Crl.Misc.No.274/2022 pending on the file of the Principal Civil Judge and JMFC, Gundlupete, is quashed;
(iii) The matter is remitted back to the concerned court to hear the parties to the lis, consider the judgment of the Apex Court in the case of Rajnesh Vs. Neha and Another reported in (2021) 2 SCC 324, and then pass necessary orders, in accordance with law; and
(iv) Concerned court shall regulate the procedure and not permit the parties to drag on the proceedings.
Sd/-
JUDGE AV List No.: 1 Sl No.: 92