Citation : 2022 Latest Caselaw 3225 Kant
Judgement Date : 24 February, 2022
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL R.P.No.3003/2013
C/W
CRIMINAL R.P.No.3035/2013
CRIMINAL R.P.No.3003/2013
BETWEEN:
NALLA CHITRAVATHI W/O N.V. BHASKARA RAO
AGE: 40 YEARS, OCC. GOD SERVANT,
R/O K. HANHANCHINALA CAMP (SHANTINAGAR)
SY NO. 267/A/4, SINDANUR TALUKA,
DIST: RAICHUR, KARNATAKA.
...PETITIONER
(BY SMT.NALLA CHITRAVATHI-PARTY IN PERSON)
AND
NALLA SATYANARAYANA HINDU
S/O N. GANGARAJU
AGE ABOUT: 60 YEARS, OCC. AGRICULTURE,
R/O K. HANCHINALA CAMP, SINDHANUR TALUKA,
RAICHUR DIST.
... RESPONDENT
(BY SRI HARSHAVARDHAN R.MALIPATIL, ADV.)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W 401 FO CR.P.C., PRAYING TO
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SET ASIDE THE IMPUGNED COMMON ORDER AND
COMBINED JUDGMENT BOTH DATED 23.08.2012 PASSED
BY PRL.SESSIONS COURT AT RAICHUR IN CRL.APPEAL
NO.08/2011 AND ETC.
CRIMINAL R.P.No.3035/2013
BETWEEN:
NALLA CHITRAVATHI
W/O N.V. BHASKARA RAO
BOTH CONVERT CHRISTIANS,
AGED ABOUT 43 YEARS,
OCC: GOD SERVANT,
R/O K. HANCHINALA CAMP
(SHANTINAGAR)SY.267A/4,
TQ: SINDHANUR, DIST: RAICHUR,
...PETITIONER
(BY SMT.NALLA CHITRAVATHI, PARTY-IN-ERSON)
AND
1. NALLA SATYANARAYANA HINDU
S/O N. GANGARAJU,
AGE ABOUT: 70 YEARS, OCC. AGRICULTURE,
R/O K. HANCHINALA CAMP, SINDHANUR TQ,
RAICHUR DISTRICT, KARNATAKA.
2. NALLA NARAMMA HINDU
W/O ALTE N. GANGARAJU,
AGE ABOUT: 86 YEARS, OCC: HOUSEHOLD
R/O CHANDRAVARAM VILLAGE, WEST GODAVARI
DIST. CHAGALLU MANDAL, ANDHRA PRADESH.
PRESENTLY R/O K. HANCHINALA CAMP,
SINDHANUR TQ. RAICHUR DIST, KARNATAKA.
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3. NALLA VEERA RAGHAVULU
W/O N. ADHINARAYAUDU,
AGE ABOUT: 65 YEARS, HINDU,
R/O CHANDRAVARAM VILLAGE
CHAGALLU MANDAL, WEST GODAVARI DIST.
ANDHRA PRADESH
4. NALLA ANASUYA W/O N SATAYANARAYANA,
AGE ABOUT: 64 YEARS, HINDU
R/O K. HANCHINALA CAMP, SINDHANUR TQ
RAICHUR DIST, KARANTAKA.
5. N. RATNA KUMARI W/O N.VENKATESWARA RAO
AGE ABOUT: 35 YEARS, HINDU
R/O K. HANCHINALA CAMP, SINDHANUR TQ
RAICHUR DIST., KARNATAKA.
....RESPONDENTS
(BY SRI.HARSHAVARDHAN R MALIPATIL, ADV. FOR R1,
R2, R4 AND R5)
THIS CRL.RP FILED U/S 397 R/W 401 CR.P.C.,
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
23.08.2012 PASSED BY PRL. SESSIONS COURT AT
RAICHUR IN CRL.APPEAL NO: 13/2011 AND ETC.
THESE PETITIONS COMING ON FOR FINAL HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court has granted time for the petitioner/party-
in-person to address her arguments. The efforts made by
this Court to secure her presence did not materialized.
2. The learned High Court Government Pleader
submits that the petitioner/party-in-person is not residing
in the address shown in the cause title. Hence, this Court
perused the records and heard the parties.
3. These revisions petitions are filed against the
order passed by the first appellate Court modifying the
order passed by the trial Magistrate under the provisions of
the Protection of Women from Domestic Violence Act,
2005.
4. The first appellate Court has set aside the
order in respect of the land in question, however,
confirmed the order passed by the learned Magistrate in
respect of residence. However, the first appellate Court
itself has said that in respect of the land in question, the
parties are at liberty to approach the Civil Court.
5. Taking note of these aspects of the matter and
also having regard to the fact that the revision petitions
are of the year 2013, the petitions are dismissed for non-
prosecution.
6. However, the order of dismissal of the revision
petitions shall not come in the way of petitioner/party-in-
person seeking her remedy before the appropriate Court.
Ordered accordingly.
Sd/-
JUDGE
Srt
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