Sri. N.T. Murali vs H Shivashankaraiah
2021 Latest Caselaw 2594 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF JULY 2021

                           BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

   CRIMINAL REVISION PETITION No.317 OF 2019

BETWEEN:

Sri N.T.Murali,
S/o. Late Thimmaiah,
Aged about 46 years,
Medical Officer,
Government Doctor,
Bellavi, Tumakuru Taluk.                       .. Petitioner
-572103.

 ( By Sri Venkatesh, Advocate )

AND:

H.Shivashankaraiah,
S/o Late Huchappa,
Aged about 72 years,
Retired Engineering,
No.214, 1st Floor,
10th Cross, BEML Layout,
Basaveshwara Nagara,
Bangalore-79.                                  .. Respondent

      This Criminal Revision Petition is filed under Section 397
read with Section 401 Cr.P.C. praying to call for the records in
Criminal Appeal No.465/2017, before the Court of the LXIV
Addl.City Civil & Sessions Judge (CCH-65), Bengaluru, dated
12.12.2018, Annexure-`A' and to set aside the judgment and
order of conviction and imposition of fine dated 21.03.2017
passed by the Hon'ble XXII Addl.Chief Metropolitan Magistrate,
Bengaluru, Annexure-`B'.
                                                      Crl.R.P.No.317/2019
                                    2


      This Criminal Revision Petition is coming on for Orders
through Physical Hearing/Video Conferencing Hearing, this day
the Court made the following:

                                ORDER

Learned counsel for the petitioner is neither present

physically nor through Video Conference. No reasons are

forthcoming for non-compliance of office objections in this

matter.

2. A perusal of the order sheet would go to show that in

this matter, several and sufficient opportunities have been

granted to the petitioner to comply with office objections and

not less than eight adjournments in that regard were granted to

the petitioner, despite which, the petitioner has not complied

the office objections.

3. On 08.06.2021, the Court has made the following

observations :

" Learned counsel for the petitioner not present.

Reiterating the observations made on 22.04.2021 and 28.05.2021, once again as an ultimate chance, a week's time is granted for compliance of office objections.

In case the office objections are not complied with, registry to list this matter on 18.06.2021."

Crl.R.P.No.317/2019

On 18.06.2021, the Court has made the following

observations :

" None appear for the petitioner.

A perusal of the order sheet would go to show that sufficient opportunities including repeated ultimate chances have been given to the petitioner to comply the office objections, despite which, he has neither complied the office objections nor shown any reasons for non-compliance of office objections However, before passing any order dismissing the petition for non-compliance of office objections, as a final ultimate chance, one more opportunity is being given.

If the office objections are not complied with within a week from today, registry to list this matter on 02-07-2021."

4. Despite the same, the learned counsel for the petitioner

has neither complied the office objections nor shown any reasons

for his non-appearance and not even appeared and prayed for

further time. Needless to say, the restrictions with respect to

Carona Pandemic has been substantially relaxed and even the

physical appearance of the learned counsels in the matters has

also been permitted. As such, physically also, the learned counsels

or their staff could have appeared in the registry and complied Crl.R.P.No.317/2019

the office objections, which also has not been done by the

petitioner. As such, it is a clear case which shows that the

petitioner is not interested in complying the office objection and

prosecuting the matter.

As such, the Revision Petition stands dismissed for

non-compliance of office objections and for non-prosecution.

Sd/-

JUDGE

bk/