LAWS(SC)-2009-2-211

RENUKA Vs. STATE OF KARNATAKA

Decided On February 18, 2009
RENUKA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) One Smt. Manjula on or about 23.12.2001 made a complaint alleging that ten days prior thereto, i.e., on 13.12.2001 a quarrel had taken place by and between the complainant and appellant, during course of which, the appellant trespassed in her compound, restrained her, pulled her hair, assaulted her with chappal, removed the mangalsutra and damaged the bangles causing loss of Rs. 200/- to her.

(3.) A first information report on the said basis was lodged for commission of offences punishable under Sections 447, 341, 323 and 427 of the Indian Penal Code (for short, "the IPC"). A charge-sheet was submitted on 15.2.2002 upon completion of investigation. Cognizance of offences was taken on 28.9.2002. Processes were issued against the accused. The same having not been served, non-bailable warrant was issued. The matter was listed on various dates. The learned Magistrate on or about 14.10.2004 in view of non-service of non-bailable warrant passed the following order :