- 1 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 102565 OF 2024 BETWEEN: SHRI. SHAIKH HAIDER SHAIKH USMAN, AGE: 57 YEARS, OCC: AGRICULTURIST, R/O: SAHASRALLI VILLAGE, YELLAPUR (U.K), UTTARA KANNADA, TALUK AND DIST - UTTAR KANNADA, PIN CODE – 581 359. …PETITIONER (BY SRI. G. R. TURAMARI, ADVOCATE) AND: 1. SHRI. SHANKARNARAYAN @ SURYANARAYAN KRISHNA BHAT, AGE: ABOUT 53 YEARS, OCC: AGRICULTURE, R/O: -112, DEVARDAMUNDGI, HUTKANDA, YALLAPUR (U.K) TALUKA - YALLAPUR, DIST: UTTAR KANNADA – 581 359. 2. SHRI. SHAIKH MAIDEEN SHAIKH USMAN, AGED ABOUT 54 YEARS, OCC: ELECTRICAL, R/O: AKBARGALLI, YALLAPUR (U.K) TALUKA-YALLAPUR, DIST: UTTAR KANNADA – 581 359. 3. SHRI. SHAIKH MAHAMMAD SHIKH USMAN, AGE ABOUT 79 YEARS, OCC: AGRICULTURIST, R/O: SAHASRALLI VILLAGE, YALLAPUR (U.K), TALUKA- YALLAPUR, DIST: UTTAR KANNADA – 581 359. 4. SMT. MULLA JAINABI KOM MULLA GAFAR, AGE: ABOUT 76 YEARS, OCC: HOUSEWIFE, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 R/O: TALLIGERI, YALLAPUR (U.K) TALUKA - YALLAPUR, DIST: UTTAR KANNADA – 581 359. 5. SMT. SAYYED SHARIFABI KOM SAYYAD BABAR, AGE: ABOUT 74 YEARS, OCC: HOUSEWIFE, R/O: TALLIGERI, TALLAPUR (U.K), TALUKA: YALLAPUR, DIST: UTTAR KANNADA – 581 359. 6. SMT. SHAKINABI KOM ABDUL REHAMAN SAHIKH, AGE: ABOUT 69 YEARS, OCC: HOUSEWIFE, R/O: RAVINDRANAGAR, YALLAPUR (U.K) TALUKA: YALLAPUR, DIST: UTTAR KANNADA – 581 359. 7. SMT. AJIJABI SHAIKH KOM SAHIKH GAFAR, AGE: ABOUT 66 YEARS, OCC: HOUSEWIFE, R/O: TELLIGERI, YALLAPUR(U.K), TALUKA-YALLAPUR, DIST-UTTAR KANNADA – 581 359. 8. SMT. AMINABI @ JANAB SHAIKH KOM SHAIKH GAFAR, AGE: ABOUT 64 YEARS, OCC: HOUSEWIFE, R/O: TELLIGERI, YALLAPUR(U.K), TALUKA: YALLAPUR, DIST: UTTAR KANNADA – 581 359. 9. SMT. RAHIMABI KOM AKBARKHAN SONDEKAR, AGE: ABOUT 62 YEARS, OCC: TEACHER, R/O: DARGA GALLI, YALLAPUR (U.K), TALUKA - YALLAPUR, DIST: UTTAR KANNADA – 581 359. 10. SHRI. MAHABALESHWAR GANAPATI BHAT, AGE- ABOUT: 57 YEARS, OCC: BUSINESSMAN, R/O: BELLAKHANDA, NANDOLLI, YALLAPUR (U.K), TALUKA- YALLAPUR, DIST: UTTAR KANNADA – 581 359. 11. SMT. HANIFABI SHAIKH W/O. MAIDEEN SHAIKH, AGE: ABOUT 49 YEARS, OCC: HOUSEWIFE, R/O: AKBAR GALLI, - 3 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 YALLAPUR(U.K), TALUKA: YALLAPUR, DIST: UTTAR KANNADA – 581 359. 12. SHRI. ADAM AGE ABOUT 49 YEARS, OCC: BUSINESS, R/O: AKBAR GALLI, YALLAPUR (U.K), TALUKA- YALLAPUR, DIST: UTTAR KANNADA – 581 359. 13. SHRI. GAJANAN V MULE, AGE: ABOUT 69 YEARS, OCC: DEED WRITER R/O: HALIYAL (U.K), DIST: UTTAR KANNADA – 581 329. 14. SHRI. G.K. SAYYED, AGE ABOUT 54 YEARS, OCC: BUSINESS, R/O: AKBAR GALLI, YALLAPUR (U.K) TALUKA:YALLAPUR, DIST: UTTAR KANNADA, PIN CODE – 581 359. 15. SHRI. BABAR USMAN SAYED, AGE: ABOUT 72 YEARS, OCC: AGRICULTURE, R/O: TELLIGERI, YALLAPUR(U.K), TALUKA: YALLAPUR, DIST: UTTAR KANNADA, PIN CODE – 581 359. 16. THE STATE OF KARNATAKA, THROUTGH PSI, YALLAPUR POLICE STATION, YALLAPUR DISTRICT UTTARAKANNADA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R16; R1 TO R11, R13 AND R14 ARE SERVED BUT UNREPRESENTED; AGAINST R12 AND R15 - PETITION IS ABATED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CRIMINAL PROCEDURE CODE, (528 OF BNSS, 2023) SEEKING THAT THE ORDER DATED 15.12.2023 PASSED IN THE CRIMINAL REVISION PETITION NO. 5018/2022 WHEREIN THE CRIMINAL REVISION PETITION NO. 5018/2022 WAS DISMISSED FOR DEFAULT BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, SITTING AT SIRSI, MAY BE QUASHED AND THE SAID CRIMINAL REVISION PETITION NO. 5018/2022 MAY BE RESTORED TO ITS ORIGINAL FILE AND MAY BE HEARD AND DECIDED ON MERITS. PASS SUCH OTHER ORDER, AS - 4 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 THIS HON’BLE COURT DEEM FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 15.12.2023 passed in Criminal Revision Petition No.5018/2022, whereunder, the revision petition filed by the petitioner came to be dismissed for default. 2. The petitioner is complainant, the petitioner filed the complaint against the respondents No.1 to 15 in P.C.No.45/2019 for offences punishable under Sections 420, 468, 470, 465 r/w Section 149 of IPC. The said complaint came to be referred to Police for investigation. The Police filed ‘B’-Civil report. The complainant did not file objections to the said ‘B’ report and therefore, the learned Magistrate has accepted ‘B’ report by order dated 24.09.2021. The said order has been challenged by - 5 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 petitioner/complainant in Crl.R.P.No.5018/2022 and it was pending on the file of I Additional District and Sessions Judge, U.K., Karwar sitting at Sirsi, Itinerary sitting at Yellapur. In the said Revision, on service of notice, respondents No.2, 3, 5, 6, 9, 10, 11, 13 and 14 have appeared through counsel and respondents No.4, 7, 8 and 15 remained absent. 3. The said revision petition was listed on 15.12.2023 for taking steps for issue of notice to respondent No.1 and respondent No.12. On that day, noting the absence of counsel for petitioner and as P.F has not been paid, the revision petition came to be dismissed. The said order dated 15.12.2023 has been challenged in the present petition. 4. Heard learned counsel for petitioner. Inspite of service of notice, respondents No.1 to 11, 13 and 14 remained absent and unrepresented. - 6 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 5. Learned counsel for petitioner would contend that the respondent No.12 in the said criminal revision petition is respondent No.12 in the present criminal petition and it is reported that respondent No.12 died on 24.04.2016 and noting the same, petition against him came to be abated. Learned counsel for petitioner would contend that due to ill-health, the petitioner could not contact his counsel to pay process fee. With this, he prayed to allow the petition and restore the criminal revision petition. 6. Learned AGA submits that suitable orders may be passed. 7. Having heard learned counsels, the Court has perused the materials placed on record. 8. The petitioner/complainant has challenged acceptance of report by the Magistrate in Crl.R.P. No.5018/2022. In the said criminal revision petition, notice has been ordered to the respondents. The notice to - 7 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 respondents No.2 to 11, 13 and 14 have been served. The notice to respondents No.1 and 12 has been re-issued. The petitioner did not pay the process fee for issuance of notice to respondents No.1 and 12. The reason put-forth by the petitioner that he was unwell and therefore, he could not contact his counsel for payment of process fee. The petitioner has made out case for setting aside the order dated 15.12.2023 and restoration of Crl.R.P.No.5018/2022. 9. In the result, the following: ORDER i. The petition is allowed. ii. The impugned order dated 15.12.2023 passed in Criminal Revision Petition No.5018/2022 is set aside. iii. Criminal Revision Petition No.5018/2022 is ordered to be restored. - 8 - NC: 2025:KHC-D:4935 CRL.P No. 102565 of 2024 iv. The petitioner herein is directed to appear in the said Criminal Revision Petition on 08.04.2025 without anticipating any Court notice. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 26