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2026 DAILYLAW 20153 (KAR)

THE KARNATAKA FOOD AND CIVIL v. SRI. H S NAGARAJ

CRL.P/3605/2019 · 2026-06-08

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27254 CRL.P No. 3605 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 3605 OF 2019 BETWEEN: THE KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED SHIVAMOGGA-577 202 REP. BY ITS DISTRICT MANAGER …PETITIONER (BY SRI. GB NANDISH GOWDA, ADVOCATE FOR SRI RB SADASIVAPPA, ADVOCATE) AND: 1. SRI. H.S. NAGARAJ SENIOR ASSISTANT AGED ABOUT 59 YEARS, THE KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LIMITED DISTRICT OFFICE CHITRADURGA-577 501 2. SRI. G.S. NAGARAJ S/O SRI GANAPATHI, AGED ABOUT 58 YEARS, PROPRIETOR SURAKSHA WEAR HOUSE OPPOSITE AGRICULTURAL COLLEGE HOSTEL SAVALANGA ROAD SHIVAMOGGA-577 202 …RESPONDENTS (BY SRI SARAVANA S., ADVOCATE FOR R1; SRI BASAVARAJ S.SAPPANANAVAR, ADV. FOR R2) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27254 CRL.P No. 3605 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE IMPUGNED ORDER DATED 24.08.2018 PASSED BY JMFC-II COURT, SHIVAMOGGA IN PCR NO.157/2014 AND PLEASED TO RESTORE PCR NO.157/2014 ON ITS FILE AND TO GIVE OPPORTUNITY TO PETITIONER TO PROSECUTE SAID COMPLAINT. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 24.08.2018 passed by JMFC-II Court, Shivamogga, in PCR no.157/2014, this petition is by complainant. 2. Learned counsel for respondent no.2-accused no.2 has filed a memo reporting death of respondent no.2-accused no.2. Apart from that, he submitted that petition would not be tenable as proceedings impugned herein are PCR no.157/2014 on file of JMFC-2 Court, Shivammoga, which were challenged by petitioner in Crl.RP no.90/2018, which came to be dismissed by III Additional District and Sessions Judge, Shivamogga on 30.10.2018, which is not challenged in present petition. 3. Learned counsel for petitioner-complainant submits he has no instructions. - 3 - HC-KAR NC: 2026:KHC:27254 CRL.P No. 3605 of 2019 4. Heard learned counsel for petitioner, learned HCGP for respondent no.1 and learned counsel for respondent no.2. 5. On perusal of order passed in WP no.55096- 97/2016 disposed on 20.12.2018, produced along with petition, it is seen that there is clear reference to order passed by learned district Judge in Crl.RP.no.90/2018. 6. Submission of learned counsel for respondent no.2 about failure to challenge order passed in Criminal Revision petition is not contraverted. Order impugned herein i.e., initiation of proceedings, having been questioned and ended in dismissal of criminal revision petition, above petition challenging original proceedings without questioning order of dismissal of criminal revision petition, would not be tenable. 7. Hence, both on ground of abatement insofar as respondent no.2-accused no.2 as well as on ground of untenability, petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 32