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2026 DAILYLAW 5468 (KAR)

BASAPPA KAREPPA CHANDARGI, v. SMT.PARAWWA W/O BASAPPA CHANDARGI,

CRL.P/100201/2017 · 2026-02-09

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2466 CRL.P No. 100201 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100201 OF 2017 (482(CR.PC)/528(BNSS)) BETWEEN: BASAPPA KAREPPA CHANDARGI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: MUGALIHAL, TAL: SAUNDATTI, DIST: BELAGAVI. ...PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: SMT. PARAWWA W/O BASAPPA CHANDARGI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: VITTHAL BASAPPA TORGAL, R/O: MUGALIHAL, TQL: SAUNDATTI, DIST: BELAGAVI. ...RESPONDENT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 31.12.2016 PASSED BY IN CRIMINAL REVISION PETITION NO. 275 OF 2015 PENDING ON THE II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2466 CRL.P No. 100201 of 2017 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Vithal S. Teli, learned counsel appearing for petitioner and Sri.Prashant Mathapati, learned counsel appearing for the respondent. 2. The petitioner, who is the husband, has filed this petition seeking to set aside the order dated 31.12.2016 passed in Criminal Revision Petition No.275/2015, whereby a huge delay of 911 days was condoned by allowing I.A.No.1 filed under Section 5 of the Limitation Act. 3. Facts of the case are as under: 3.1 The respondent is the wife of the petitioner. There is no dispute regarding the marriage. Initially, there were no issues in the marital tie between the revision petitioner and the respondent-wife. However, the matrimonial life was not cordial, and during the subsistence of the marriage, the petitioner contracted a second marriage. - 3 - HC-KAR NC: 2026:KHC-D:2466 CRL.P No. 100201 of 2017 3.2 Due to the strained relationship, the respondent-wife was deserted by the petitioner. She, therefore filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance. After contest, the trial Court dismissed the said petition. 4. Thereafter, she filed a belated revision petition along with an application seeking condonation of a delay of 911 days. 5. The learned Judge of the First Appellate Court allowed the application and condoned the delay of 911 days. 6. After the said order came to be passed and upon filing of present petition, there was no order of stay granted by this Court and the main revision petition came to be disposed of by a considered order dated 05.08.2017. 7. In view of the disposal of the main revision petition, the challenge to the order condoning the delay raised in the present petition has already merged with the final order dated 05.08.2017. 8. Consequently, the present petition stands dismissed, with liberty reserved to the petitioner to urge the ground of delay in the revision petition filed on 10.08.2017 - 4 - HC-KAR NC: 2026:KHC-D:2466 CRL.P No. 100201 of 2017 challenging the order dated 05.08.2017 in Criminal Revision Petition No.100224 of 2017. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 0