Sri.P.N. Prakash vs Smt. Sangeetha D
2024 Latest Caselaw 15077 Kant

Karnataka High Court

Sri.P.N. Prakash vs Smt. Sangeetha D on 28 June, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                             -1-
                                                          NC: 2024:KHC:24294
                                                      CRL.P No. 1545 of 2024



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 28TH DAY OF JUNE, 2024

                                          BEFORE

                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                            CRIMINAL PETITION NO. 1545 OF 2024

                   BETWEEN:

                   SRI. P.N. PRAKASH
                   S/O P.S. NAGARAJAPPA,
                   AGED ABOUT 39 YEARS,
                   R/AT PUTHANAPURA VILLAGE,
                   HANGALA HOBLI,
                   GUNDLUPET TALUK,
                   CHAMARAJANAGARA DISTRICT 571 111
                                                               ...PETITIONER
                   (BY SRI. K. RAVISHANKAR, ADVOCATE)

                   AND:

                   SMT. SANGEETHA D.,
                   W/O P.N. PRAKASH,
                   D/O DORESWAMY D.,
Digitally signed   AGED ABOUT 30 YEARS,
by NAGAVENI
Location: HIGH     R/AT PUTHANAPURA VILLAGE,
COURT OF
KARNATAKA          HANGALA HOBLI,
                   GUNDLUPET TALUK,
                   CHAMARAJANAGARA DISTRICT 571 111
                                                              ...RESPONDENT
                   (BY SRI. H.C. SHANKAR, ADVOCATE)

                       THIS CRL.P IS FILED U/S 482 OF CR.P.C., PRAYING TO
                   ALLOW THIS CRIMINAL PETITION AND QUASH THE IMPUGNED
                   ORDER DATED 21.01.2023 PASSED IN CRL.MISC.NO.274/2022
                   PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC
                   GUNDLUPET AND DIRECT THE TRIAL COURT TO HEAR ON
                                -2-
                                              NC: 2024:KHC:24294
                                         CRL.P No. 1545 of 2024



I.A.NO. I AND PASS SUITABLE ORDERS IN ACCORDANCE
WITH LAW.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                             ORDER

Petitioner is before this court calling in question the order

dated 21.01.2023 in Crl.Misc.No.274/2022 pending on the file

of the Principal Civil Judge and JMFC, Gundlupete.

2. Learned counsel for the petitioner would submit that if an

opportunity of hearing is granted that would suffice as an

ex-parte interim order of maintenance is passed against this

petitioner.

3. In the light of the order being passed without hearing the

petitioner, the concerned court will have to now hear the

petitioner and pass necessary orders in accordance with law.

On this sole ground that the petitioner was not heard at the

time when the order of maintenance was granted to the

petitioner, which runs counter to the judgment of the Apex

Court in the case of Rajnesh Vs. Neha and Another

reported in (2021) 2 SCC 324, the impugned order is

rendered unsustainable.

3. For the aforesaid reasons, the following:

NC: 2024:KHC:24294

ORDER

(i) Criminal Petition is allowed;

(ii) Impugned order dated 21.01.2023 in

Crl.Misc.No.274/2022 pending on the file of

the Principal Civil Judge and JMFC,

Gundlupete, is quashed;

(iii) The matter is remitted back to the concerned

court to hear the parties to the lis,

consider the judgment of the Apex Court in

the case of Rajnesh Vs. Neha and Another

reported in (2021) 2 SCC 324, and then

pass necessary orders, in accordance with

law; and

(iv) Concerned court shall regulate the procedure

and not permit the parties to drag on the

proceedings.

Sd/-

JUDGE

AV