Dr. K M Stanley vs Sri. Harikumar V S
2022 Latest Caselaw 12591 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF OCTOBER 2022

                              BEFORE

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

    CRIMINAL REVISION PETITION No. 1305 OF 2021

BETWEEN:

Dr.K.M.Stanley,
S/o Late K.T.Matthew,
Aged about 71 years,
KMS Agencies, Shop No.1,
R/at Ramamurthy Nagar Main Road,
Dooravani Nagar,
Ramamurthy Nagar,
Bengaluru- 560016.
                                                 .. Petitioner

 ( By Sri. Anish Joseph, Advocate )

AND:

Sri. Harikumar V.S,
S/o Late Madhava Warrier,
Aged about 45 years,
R/at No.480/17, 45th Cross,
Jayanagar 8th Block,
Bengaluru-560082.
                                                .. Respondent

       This Criminal Revision Petition is filed under Section 397
read with Section 401 Cr.P.C. praying to set aside the judgment
dated 06.04.2014 on the file of the LV Addl. City Civil and
Sessions    Judge,   Bengaluru    (CCH-56)    vide   Annexure-A
confirming the judgment of conviction and order of sentence
                                              Crl.R.P.No.1305/2021
                                  2


dated 10.02.2014 passed by the Hon'ble XVI ACMM, Bangalore
City in C.C.No.14678/2010 vide Annexure-B and this Criminal
Revision Petition be allowed and be pleased to acquit the
petitioner, in the interest of justice.


      This Criminal Revision Petition is coming on for Admission
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 his non-appearance.

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

that on 19-09-2022 this Court has ordered for issuance of

emergent notice to the respondent. The very purpose of

issuance of emergent notice is the urgency shown in the

matter and the said notice is required to be issued and

served upon the respondent at the earliest generally within

ten days. However, in the instant case even after order

for issuance of emergent notice since more than a month

the petitioner has not paid the process fee. Hence, the Crl.R.P.No.1305/2021

petition stands dismissed for not taking steps as well as

for non-prosecution.

Sd/-

JUDGE

SKS