STATE OF KARNATAKA Vs. BABUSAB

JUDGEMENT

(1.) The complainant-State in Special Case No.99/2008 on the file of the learned I Additional District and Sessions Judge, Tumkur has filed the present revision petition under Section 397, Cr.P.C. challenging the correctness of the order dated 24.9.2008 passed in the said case closing the case on the ground that the NBW issued against the accused could not be executed by the police concerned as the accused had left the address.

(2.) Having regard to the nature of the impugned order, this matter is taken for final disposal though it is listed today for orders. The impugned order reads as under:

(3.) Charge-sheet was submitted in the said case on 6/5/2008 and it was placed before the learned Judge on 17/5/2008, on which date, the learned Judge passed an order issuing summons to the accused returnable by 1.7.2008. On 1/7/2008 summons was ordered to be reissued returnable by 13.8.2008. As on that date, the summons could not be served on the accused. Therefore, the NBW came to be issued against the accused on 13.8.2008 fixing the date 24/9/2008 for production of accused. On 24/9/2008, the learned Judge passed the impugned order.