- 1 - NC: 2025:KHC:3350 CRL.RP No. 117 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.117 OF 2022 BETWEEN: SMT. SUSHMA DHWARAKANATH W/O SRI. DWARAKANATH AGED ABOUT 46 YEARS R/AT NO.32, MIDDLE SCHOOL ROAD, V.V. PURAM BENGALURU 560 004 …PETITIONER (BY SRI VINUTHA P KALE.,ADVOCATE [ABSENT]) AND: SMT. GEETHA BADARI W/O SRI. BADRINARAYANA AGED ABOUT 42 YEAWRS R/AT NO. 74, GANGAMMA TEMPLE STREET KARIYANA PALYA ST. THOMAS TOWN POST BENGALURU 560 004 …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 06.10.2016 PASSED IN C.C.NO.7467/2014 ON THE FILE OF THE XII ACMM, BANGALORE AND ETC. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3350 CRL.RP No. 117 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL ORDER This Court suspended the sentence vide order dated 25.03.2022 and thereafter ordered to issue notice to the respondent and notice issued was not served. Vide Court order dated 25.03.2022, notice was issued to the respondent through Commissioner of Police, Bengaluru and the said notice was also returned with an endorsement ‘the respondent vacated the said address three years ago and no information about the present address of the respondent. Hence, extension application was also filed and the same was objected by the office and time was granted and once again two weeks time was granted on 25.07.2022 and on 16.11.2022, the order on suspension of sentence passed on 25.03.2022 was vacated in view of non-taking steps and thereafter also matter was listed on 13.01.2023 once again ordered to take appropriate steps to ensure service of notice on the - 3 - NC: 2025:KHC:3350 CRL.RP No. 117 of 2022 respondent. On 16.07.2024, this Court also noticed till date there is no service of notice to the respondent and in fact, counsel sought permission to serve the respondent and file acknowledgement, same is also not filed and after obtaining order of suspension of sentence, there is no progress in the case and again the matter was listed on 26.07.2024. On 26.07.2024, it is observed that notice issued to the respondent is returned unexecuted for want of correct address and not filed the acknowledgment for having served the notice and again the matter was adjourned by two weeks. On 22.08.2024 also the counsel for the petitioner sought time and this Court held that if needful is done, issue notice to the respondent and the matter was adjourned and on 09.09.2024, for await service of notice, the matter was adjourned to 30.09.2024 and on 30.09.2024, again three weeks time was granted to do the needful and on 30.10.2024 also finally, a week’s time was granted to pay the process fee. - 4 - NC: 2025:KHC:3350 CRL.RP No. 117 of 2022 2. On perusal of the order sheet, it discloses that inspite of sufficient opportunity was given to the learned counsel for the petitioner from last two years, notice was not served against the respondent till date and not made any efforts to serve the notice. Today, the counsel for the petitioner is absent. Hence, it appears that the petitioner is not pursuing the matter diligently. Accordingly, the revision petition is dismissed for non-prosecution. Sd/- (H.P.SANDESH) JUDGE SN