Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25273 CRL.P No. 7456 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7456 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
SMT. MAMATHA FLORENCE W/O RAJANI M V AGED ABOUT 33 YEARS, R/AT NO.11, NEAR CHAYADEVI ASHRAM, CHIKKAHARADANAHALLI, MYSORE DISTRICT, MYSORE - 570 008. …PETITIONER (BY SRI. BALARAJ V R.,ADVOCATE) AND:
1.
SMT. POOJA W/O VINOD KUMAR M N AGED ABOUT 27 YEARS, R/AT NO. 2/496, CHANDRAMMA NILAYA,
NEAR BEDARAKANNAPA TEMPLE,
CHIKKAHARADANAHALLI MYSORE – 560 009.
2.
SMT. SHWETHA W/O GURUMALLESH M AGED ABOUT 38 YEARS, R/AT NO. 886, 16TH CROSS,
RAMANUJA ROAD, AGRAHARA MYSORE - 570 009.
3.
SMT. SHEETHAL W/O DRUVA KUMAR, AGED ABOUT 35 YEARS, R/AT NO. 947, 1/A CROSS,
4TH MAIN, H.I.G. I BLOCK,
RAMAKRISHNA NAGAR MYSORE - 570 009.
4.
SRI YATHIRAJ S/O MUNICHIKKANNA, AGED ABOUT 51 YEARS, R/AT NO. 783, 25TH CROSS, VIDHYARANYAPURAM MYSORE - 570 009.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25273 CRL.P No. 7456 of 2025
5.
SRI RAJANI M V S/O VENKATARAJU, R./AT NO. 1590, 6TH CROSS ROAD, NEAR DOOD GARUDI, ASHOKPURUM, MYSORE – 570 008. …RESPONDENTS
(BY SRI. SAMPATH KUMAR.A.V, ADVOCATE FOR R-2 TO R-5)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 05.03.2025 PRODUCED AT ANNEXURE-A AND FURTHER PLEASED TO RESTORE THE PETITION ON THE FILE OF THE LEARNED III ADDL.DISTRICT AND SESSIONS JUDGE MYSURU IN CRL.RP.NO.214/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition by the revision petitioner in Crl.R.P.No.214/2024 is directed against the impugned order dated 05.03.2025, whereby the said revision petition was dismissed for non-prosecution.
2. Heard learned counsel for the petitioner and learned counsel for respondents 2 to 5 and perused the material on record.
3. The material on record will indicate that the petitioner has filed a private complaint in PCR No.7/2024 against the respondents – accused for offences punishable under Sections 111, 112, 113, 116, 120B, 143, 149, 150, 153A, 170, 177, 182, 385, 406, 441,
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HC-KAR NC: 2025:KHC:25273 CRL.P No. 7456 of 2025
452, 465, 499, 500 and 506 r/w Section 34 of IPC and under Sections 66A, 66B, 66D, 67A of Information Technology Act, 2000. After taking the cognizance of the offences alleged, the learned Magistrate directed to register a criminal case against accused No.1 – 1st respondent herein and dismissed the complaint against accused Nos. 2 to 5 – respondents 2 to 5 herein. Aggrieved by which, the petitioner – complainant filed revision petition in Crl.R.P.No.214/2024 before the III Addl.District and Sessions Judge, Mysuru. In view of non-appearance of the petitioner on 27.01.2025 and 05.03.2025, the revision petition was dismissed for non-prosecution and as such, the petitioner is before this Court by way of the present petition.
4. In view of the specific assertion on the part of the petitioner that her inability and omission to participate in the proceedings was due to bona fide reasons, unavoidable circumstances and sufficient cause, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner, I deem it just and appropriate to set aside the impugned
order and remit the matter back to the revisional court for
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HC-KAR NC: 2025:KHC:25273 CRL.P No. 7456 of 2025
reconsideration afresh in accordance with law by issuing certain directions.
7. In the result, I pass the following:
ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 05.03.2025 passed in Crl.R.P.No.214/2024 by the III Addl.District and Sessions Judge, Mysuru, is hereby set aside. (iii) The matter is remitted back to the revisional court for reconsideration afresh in accordance with law. (iv) The petitioner shall appear before the revisional court on 04.08.2025. (v) The revisional court shall provide sufficient and reasonable opportunity of hearing to the petitioner and proceed further in accordance with law.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl.