N. Ashwini vs G. Prasad Reddy
2025 Latest Caselaw 9207 Kant

Citation : 2025 Latest Caselaw 9207 Kant
Judgement Date : 15 October, 2025

Karnataka High Court

N. Ashwini vs G. Prasad Reddy on 15 October, 2025

                                                  -1-
                                                              NC: 2025:KHC:40951
                                                           CRL.A No. 356 of 2024


                      HC-KAR



                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 15TH DAY OF OCTOBER, 2025
                                                BEFORE
                                 THE HON'BLE MR. JUSTICE G BASAVARAJA
                                  CRIMINAL APPEAL NO. 356 OF 2024 (A)
                      BETWEEN:

                      N. ASHWINI
                      W/O. M. N. DEVARAJA,
                      AGED ABOUT 37 YEARS,
                      RESIDING AT NO. 1356,
                      14TH MAIN, 15TH CROSS,
                      KUMARASWAMY LAYOUT,
                      BANGALORE-560 078.
                                                                    ...APPELLANT
                      (BY SRI. RAJESH B. L., ADVOCATE)


                      AND:

                      G. PRASAD REDDY
                      S/O. LATE G. SREENIVASA REDDY,
                      AGED ABOUT 69 YEARS,
Digitally signed by   RESIDING AT NO. 392,
LAKSHMINARAYAN N
Location: HIGH        2ND CROSS, 13TH MAIN,
                      3RD BLOCK, KORAMANGALA,
COURT OF
KARNATAKA

                      BANGALORE-560 034.
                                                                  ...RESPONDENT
                      (VIDE COURT ORDER DATED: 15.10.2025           NOTICE   TO
                      RESPONDENT IS DISPENSED WITH.)

                           THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET
                      ASIDE THE IMPUGNED ORDER DATED 03.02.2024 PASSED IN
                      PCR NO.11901/2022 BY THE 46TH A.C.M.M BENGALURU CITY
                      VIDE ANNEXURE-A AND ALLOW THIS APPEAL AND RESTORE
                      THE CASE.
                                   -2-
                                                NC: 2025:KHC:40951
                                             CRL.A No. 356 of 2024


HC-KAR



     THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE G BASAVARAJA

                          ORAL JUDGMENT

1. The appellant - complainant has preferred this appeal

against the order passed by the Trial Court dated

03.02.2024, whereby the complaint came to be dismissed

for non-prosecution.

2. Learned counsel for the appellant would submit that

the Trial Court has erred in coming to the conclusion that

the appellant has made a wrong observation that appellant

had not been represented in the PCR from 31.03.2023. It

is notable that the case was never posted on 31.03.2023

before the Court.

3. The reason for not representing the case on

03.02.2024 was because the advocate on record was not

keeping well. The absence of representation on

03.02.2024 before the Trial Court is not an intentional one

NC: 2025:KHC:40951

HC-KAR

but for a bonfide reason. On all these grounds, he sought

to allow this appeal.

4. Considering the submission of the learned counsel for

the appellant, it is just and proper to provide one more

opportunity to the complainant to prosecute this case.

Accordingly, I proceed to pass the following:

ORDER

i. The appeal is allowed.

ii. The order passed by the Trial Court in

PCR.No.11901/2022 dated 03.02.2024 is

hereby set aside.

iii. The PCR No.11901/2022 on the file of XLVI

ACMM, Bengaluru, shall be restored.

iv. The complainant is directed to appear before

the Trial Court on 20.11.2025, without seeking

any further notice from the Trial Court.

v. The complainant shall take necessary steps to

prosecute this case.