Sri M N Suresh vs Mr Ashok Kumar, Major
2022 Latest Caselaw 6045 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 04TH DAY OF APRIL, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K. NATARAJAN

           CRIMINAL PETITION NO.2417/2017

BETWEEN:

SRI.M.N.SURESH,
B.T.S. DRIVER, TOKEN NO.10889,
B.T.S. DEPOT NO.06,
INDIRANAGAR DEPOT,
BANGALORE - 560 038.
                                            ...PETITIONER
(BY SRI.M.RAMAPPA, ADVOCATE (ABSENT))

AND:

1.     MR.ASHOK KUMAR, MAJOR,
       RESIDING AT NO.6, G-5TH STREET,
       JOGUPALYA, HALASURU,
       BANGALORE - 560 008.

2.     BHAGYALAKSHMI H.N.,
       W/O ASHOK KUMAR,
       MAJOR,
       RESIDING AT NO.6, G-5TH STREET,
       JOGUPALYA, HALASURU,
       BANGALORE - 560 008.

3.     STATE BY INDIRANAGAR P.S.,
       REPRESENTED S.P.P.,
       HIGH COURT OF KARNATAKA.
                                         ...RESPONDENTS
(BY SRI.THEJAS RAI K., ADVOCATE FOR R1
    AND R2 (ABSENT);
    SRI.MAHESH SHETTY, HCGP FOR R3)
                                  2



     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO PASS CONCURRENT ORDER
UNDER SECTION 427 OF CRIMINAL PROCEDURE CODE TO
RUN      THE     PUNISHMENT     CONCURRENTLY       IN
C.C.NO.27030/2011 AND 27028/2011 ON THE FILE OF THE V
ADDITIONAL SMALL CAUSE JUDGE AND XXIV ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE COURT OF SMALL
CAUSES, MAYO HALL UNIT, BENGALURU.

     THIS CRIMINAL PETITION COMING ON FOR HEARING,
THIS DAY, THROUGH VIDEO CONFERENCING/PHYSICAL
HEARING, THE COURT MADE THE FOLLOWING:

                               ORDER

The petitioner counsel has remained absent and even

the learned counsel for respondent Nos.1 and 2 has also

remained absent continuously.

2. The order sheet dated 12/03/2021 reveals that

the petitioner's counsel was absent on 27/08/2018,

9/11/2020, 27/11/2020 and 12/01/2021. Thereafter, this

matter came up before this Court on 24/03/2021. Again

the petitioner's counsel was absent. Even today, the

learned counsel for the petitioner has remained absent.

3. Learned HCGP submits that the petition is filed

for directing the Jail authorities to run both the sentence

concurrently. The judgment in C.C.No.27028/2011 was

delivered on 27/02/2015 and the appeal judgment has been

delivered in the year 2016 itself and this petition is filed in

the year 2017 and for the last five years, the case is

pending without any progress and it appears that the

petitioner might have undergone sentence and he could

have been released from the jail.

Therefore, considering the aforesaid facts and

circumstances, the petition is dismissed for non-

prosecution.

Sd/-

JUDGE

MKM