Sri Prabhu Kumar G H vs Sri Suresh Shetty
2022 Latest Caselaw 10413 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 6TH DAY OF JULY 2022

                          BEFORE

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

       CRIMINAL REVISION PETITION No.653 OF 2022


BETWEEN:

SRI. PRABHU KUMAR G.H
S/O HANUMANTHA RAO G.C.
AGED ABOUT 44 YEARS,
R/O. OPPOSITE
VEERABHADRESHWAREA BENNE DOSE HOTEL,
SAGARA ROAD, GADIKOPPA,
SHIVAMOGGA-577 205.                         ... PETITIONER

(BY SRI. PARAMESHWARAPPA C.T., ADVOCATE)

AND:

SRI. SURESH SHETTY,
S/O M. VITTAL SHETTY,
AGED ABOUT 58 YEARS,
R/O. SRI LAKSHMI 2ND MAIN,
2ND CROSS, VIJAYA NAGARA,
SHIVAMOGGA CITY - 577 203.
                                                ... RESPONDENT

       THIS CRIMINAL REVISION PETITION IS FILED U/S.397     OF
CR.P.C. PRAYING TO CALL FOR THE RECORDS CONNECTED TO WITH
THE JUDGMENT AND ORDER OF CONVICTION DATED 18.03.2021
PASSED IN C.C.NO.1808/2016 ON THE FILE OF THE LEARNED JMFC
III AT SHIVAMOGGA AND ALSO CONFIRMATION OF CONVICTION IN
CRIMINAL   APPEAL DATED   18.11.2021   PASSED   IN   CRL.APPEAL
74/2021 ON THE FILE OF THE LEARNED III ADDL. SESSION JUDGE
AT SHIVAMOGGA AND SET ASIDE THE JUDGMENT AND ORDER OF
                                                  Crl.R.P.No.653/2022
                                2


CONVICTION DATED 18.03.2021 PASSED IN C.C.NO.1808/2016
PASSED BY THE LEARNED JMFC III AT SHIVAMOGGA AND ALSO SET
ASIDE THE      CONFIRMATION OF CONVICTION IN CRIMINAL APPEAL
DATED 18.11.2021 PASSED IN CRL.APPEAL 74/2021 ON THE FILE OF
THE LEARNED III ADDL. SESSION JUDGE AT SHIVAMOGGA AS
ILLEGAL AND ETC.,


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


                             ORDER

Learned counsel for the petitioner who is physically

present submits that due to personal inconvenience, he

could not file memo for paying the cost in the registry

though he has paid the cost on 30.06.22 itself. He

further submits that on the very same day he has complied

all the office objections.

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

that two more office objections are yet to be complied with

which office objections were raised at the first instance

much prior to 30.06.2022, as such, in spite of granting

sufficient time and imposing cost, the petitioner has failed Crl.R.P.No.653/2022

to comply office objections in toto. Hence, the petition is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

TL