Karnataka High Court
Smt Pratibha D Y W/O Chandrappa Polur vs State Of Karnataka on 25 October, 2024
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NC: 2024:KHC-D:15584
CRL.A No. 100455 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.100455 OF 2024 (A)
BETWEEN:
SMT. PRATIBHA D.Y. W/O. CHANDRAPPA POLUR,
AGE. 31 YEARS, OCC. HOUSEHOLD,
R/O. PAVANAPUR, TQ. HARAPPANAHALLI,
PRESENTLY R/AT. HIREKERUR,
RAGHAVENDRA COLONY, TQ HIREKERUR,
DIST. HAVERI-581111.
...APPELLANT
(BY SRI HANUMESH M.DESAI, ADVOCATE FOR
SRI SANTOSH B.MANE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY DSP RANEBENNUR TOWN PS,
REP. BY SPP, HIGH COURT OF KARNATAKA,
DHARWAD.
2. SMT. RENUKAMMA A.H.
D/O. ANIWAL HALAPPA,
AGE. MAJOR, OCC. KSRTC BUS
Digitally signed by
MOHANKUMAR B CONDUCTOR HIREKERUR KSRTC
SHELAR BUS DEPOT HIREKERUR,
Location: HIGH DIST. HAVERI-581111.
COURT OF
KARNATAKA
3. SHRI VASU K.BANAKAR,
AGE. MAJOR, OCC. POLICE CONSTABLE,
PC NO.1048,
RANEBENNUR, TOWN POLICE STATION,
RANEBENNUR-581115.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
SRI T.R. PATIL, ADVOCATE FOR R2 AND R3)
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NC: 2024:KHC-D:15584
CRL.A No. 100455 of 2024
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(1) OF
SC/ST (PREVENTION OF ATROCITIES) ACT 1989) SEEKING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 30.04.2024 PASSED BY
THE 1ST ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL
JUDGE, HAVERI IN RANEBENNUR TOWN POLICE STATION
CR.NO.44/2022 WHERE BY DISMISSING THE COMPLAINT OF THE
APPELLANT FOR NON PROSECUTION AND RESTORE THE COMPLAINT
TO THE FILE FOR CONSIDERING THE SAME ON MERITS, OFFENCE
P/U/SEC. 143, 147, 323, 504, R/W SEC. 149 OF IPC AND UNDER
SECTIONS 3(1)(R) OF SC/ST ACT, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS CRIMINAL APPEAL, COMING ON FOR FURTHER ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL JUDGMENT
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
1. This appeal is by the complainant challenging
the order dated 30.04.2024 by which the trial Court has
dismissed the complaint for non-prosecution, contending
that it is perverse, capricious and without considering facts
and circumstances of the case. On account of non-
communication by her counsel, petitioner could not
present her witnesses and lead further evidence. The
allegations made against the accused persons are very
grave. Therefore, a reasonable opportunity be given to the
NC: 2024:KHC-D:15584
petitioner to lead further evidence in support of protest
petition filed by her to the 'B' report and prays to allow the
petition.
2. After due service of notice, respondent Nos.2
and 3 have appeared through counsel.
3. Respondent No.1 is represented by State.
4. Heard and perused the records.
5. Petitioner filed a complaint against respondent
Nos.2 and 3. Based on complaint, the concerned Police
have registered a case in Crime No.44/2022 for the
offences punishable under Sections 143, 147, 323 and 504
read with Section 149 of the Indian Penal Code (for short,
'the IPC') and Sections 3(1)(r) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short, 'the SC/ST Act'). However after
conducting detailed investigation, they have filed 'B' report
stating that there is no truth in the allegation made.
Against the same, the complainant filed protest petition.
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6. In support of the protest petition, she has given
her sworn statement and thereafter, sought time for
further evidence. In fact on 07.11.2023, she has recorded
the sworn statement of one witness. Thereafter, numbers
of adjournments have been granted for further evidence.
After noting that in spite of providing sufficient opportunity
petitioner has not led further evidence by recording the
sworn statement of other witnesses, the trial has
dismissed the complaint for non-prosecution. Being
aggrieved by the same, petitioner is before this Court.
7. At the outset, it is relevant to note that as on
the dismissal of the complaint i.e. 30.04.2024, the sworn
statement of complainant and one witness were available.
Therefore, even where the trial Court was of the opinion
that the complainant is unnecessarily dragging on the
matter proper course available to the trial Court was to
close the state of recording sworn statement and after
hearing the arguments of the learned counsel for the
complainant to decide whether to accept the 'B' report or
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to reject it and proceed with matter to summon the
accused persons as provided under law. The trial Court
ought not to have dismissed the complaint itself, when the
sworn statement of complainant and her witness was
available on record.
8. For this reason, this Court is of the considered
opinion that the impugned order is liable to be set aside
and complaint be restored to file and accordingly, the
following:
ORDER
i. Petition is allowed.
ii. The impugned order dated 30.04.2024
in Crime No.44/2024 of Ranebennur
Town police Station on the file of the
learned I Additional District and
Sessions and Special Judge, Haveri, is
set aside.
iii. The proceedings are restored to the
file.
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iv. The trial Court is directed to proceed
with the matter by providing
reasonable opportunity to the
complainant.
v. The complainant shall appear before
the trial Court on 11.11.2024 and
proceed with the matter diligently
without seeking any adjournments.
vi. Send the back the trial Court records
along with copy of this order.
Sd/-
(J.M.KHAZI)
JUDGE
AC
