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2025 DAILYLAW 78631 (KAR)

SRI P N CHANDRASHEKARAREDDY v. SRI A V HARISHKUMAR

CRL.A/1314/2025 · 2025-12-05

G Basavaraja

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51216 CRL.A No. 1314 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1314 OF 2025 (A) BETWEEN: SRI. P. N. CHANDRASHEKARAREDDY S/O. NANJAREDDY, AGED ABOUT 43 YEARS, R/AT PULAGORLAPALLI VILLAGE, HOSAHUDYA POST, KASABA HOBLI, BAGEPALLI TALUK. OFFICE ADDRESS: SRI. P.N. CHANDRASHEKARAREDDY, S/O. NANJAREDDY, SECOND GRADE ASSISTANT, OFFICE OF THE DIRECTOR OF HORTICULTURE, GUDIBANDE, CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SRI. VIJAY K V., ADVOCATE) AND: SRI. A. V. HARISHKUMAR S/O. VENKATASWAMY, AGED ABOUT 35 YEARS, SECOND GRADE ASSISTANT, GOVT HIGH SCHOOL, ULLODU VILLAGE, GUDIBANDE TALUK. CURRENT RESIDENCE: 5TH WARD, BEHIND NATIONAL COLLEGE, BAGEPALLI TOWN, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51216 CRL.A No. 1314 of 2025 BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT. …RESPONDENT THIS CRL.A IS FILED U/S 378(4) CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 30.11.2024 IN CC 420/2023 PASSED BY THE PRL.CIVIL JUDGE AND JMFC COURT, GUDIBANDE AND CRL.REV.PET.NO.43/2024 BEFORE III ADDL.DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA AND THE SAME WAS DISMISSED VIDE ORDER DATED 09.05.2025 CONSEQUENTLY REMIT BACK THE CASE TO THE TRIAL COURT TO RESTORE THE COMPLAINT DIRECTING THE LEARNED MAGISTRATE TO PROCEED WITH THE CRIMINAL CASE AS PER LAW FOR THE OFFENCES P/U/S 138 OF N.I ACT, AND TO ITS ORIGINAL FILE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. This appeal is filed by the appellant/accused under Section 378(4) of Code of Criminal Procedure, to set aside the order dated 30.11.2024 in CC No. 420/2023 passed by the Principal Civil Judge and JMFC Court, Gudibande and in the Criminal Revision Petition No.43/2024 on the file of the III Additional District and Sessions Judge, Chikkaballapura, as the Criminal Revision petition was dismissed vide order dated 09.05.2025. - 3 - HC-KAR NC: 2025:KHC:51216 CRL.A No. 1314 of 2025 2. Office has raised objection that the Criminal Appeal is not maintainable against the order passed by the III Additional District and Sessions Judge, Chikkaballapura. 3. The Criminal Appeal is not maintainable against the order passed by the III Additional District and Sessions Judge, Chikkaballapura, in Criminal Revision petition No. 43/2024. Hence, this appeal is dismissed. 4. The appellant is at liberty to initiate appropriate proceedings before the Competent Court in accordance with law. Sd/- (G BASAVARAJA) JUDGE tsn* List No.: 1 Sl No.: 5