- 1 - HC-KAR CNR: KAHC010185482020 NC: 2026:KHC:41650 CRL.P No. 5855 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5855 OF 2020 BETWEEN: THE STATE BY SENIOR ASSISTANT DIRECTOR OF FACTORIES DIVISION-6, BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER (BY SMT. SOWMYA R., HCGP) AND: SRI A.ARVINDA RAO, OCCUPIER, M/S.TECHNOVA TAPES (INDIA) PVT. LTD., PLOT NO.118 BOMMASANDRA INDUSTRIAL AREA HOSUR ROAD, BENGALURU - 560 009. …RESPONDENT (BY SRI MANJUNATHA B., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 25.11.2019 IN C.C.NO.976/2011 PASSED BY ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JUDICIAL MAGISTRATE FIRST CLASS, ANEKAL AND CONSEQUENTLY RESTORE THE CASE FOR THE SAME STAGE. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010185482020 NC: 2026:KHC:41650 CRL.P No. 5855 of 2020 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 25.11.2019 passed by Addl.Civil Judge (Jr.Dn.) & JMFC, Anekal in CC no.976/2011, this petition is filed. 2. Smt.Soumya R., learned HCGP for petitioner-State submitted that a private complaint alleging offences under provisions of Factories Act, 1948 was filed against respondent and same was registered as CC no.976/2011. In course of said proceedings, cognizance was taken, summons were issued to accused and matter was adjourned on various dates for want of service of summons. However on 25.11.2019, on sole ground that complainant was repeatedly absent, learned Magistrate proceeded to dismiss complaint. Aggrieved thereby, present petition was filed. 3. It was submitted that observations by learned Magistrate about continuous absence of complainant would be uncharitable as absence was not recorded in order sheet, even if presence may not have been noted. It was further submitted, - 3 - HC-KAR CNR: KAHC010185482020 NC: 2026:KHC:41650 CRL.P No. 5855 of 2020 absence of complainant would not be a ground for dismissal when service of summons issued to accused was not yet effected. On said grounds, sought for allowing petition. 4. Learned counsel for respondent opposed petition. 5. Heard learned counsel and perused material on record. 6. This petition is by complainant-State challenging order of dismissal of complaint for non-prosecution. Perusal of order sheet at Annexure-B reveals that after passage of order to issue summons to accused, for want of service matter was adjourned on various dates prior to 25.11.2019. There is no specific note made about absence of complainant. Therefore, dismissal of complaint for non-appearance of complainant would not be in accordance with law. 7. In view of above, exercise of powers under Section 482 of Code of Criminal Procedure, 1973 would be necessary to meet ends of justice. Accordingly, following: ORDER (i) Petition is allowed. - 4 - HC-KAR CNR: KAHC010185482020 NC: 2026:KHC:41650 CRL.P No. 5855 of 2020 (ii) Order dated 25.11.2019 passed by Addl.Civil Judge (Jr.Dn.) & JMFC, Anekal in CC no.976/2011 is set aside (iii) Proceedings in CC no.976/2011 on file of Addl.Civil Judge (Jr.Dn.) & JMFC, Anekal stands restored. (iv) Since both parties are represented, they are directed to appear before said Court without awaiting fresh notice on 19.09.2026. (v) Learned Magistrate is directed to proceed with matter in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 18