LAWS(KAR)-2020-1-213

LAKSHMAN S/O BHIMAPPA KISHORI Vs. BANASHANKARI

Decided On January 30, 2020
Lakshman S/O Bhimappa Kishori Appellant
V/S
Banashankari Respondents

JUDGEMENT

(1.) In this criminal petition, the petitioner who was accused no.1 before the trial Court, has challenged the order of restoration of the complaint filed against him by the present respondent in the trial Court alleging the offences punishable under sections 323, 354, 504, 506, 498A read with section 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC').

(2.) The summary of the case of the complainant in the trial Court is that the complainant filed a private complaint in P.C.No.8/2013 before the III Additional Senior Civil Judge and JMFC at Vijayapur (hereinafter for brevity referred to as 'trial Court') against the present accused and five others for the offences punishable under sections 323, 354, 504, 506, 498A read with section 34 of IPC. After recording the sworn statement of the complainant and other witnesses, the trial Court ordered for issuance of summons against accused nos.1 and 2 only by taking cognizance of the offences and the complaint was rejected against accused nos.3 to 6.

(3.) Being aggrieved by the said order, the complainant filed Criminal Revision Petition No.106/2018 under section 397 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as 'Cr.P.C.') against accused nos.1 and 2 in the Court of the learned I-Additional District and Sessions Judge, Vijayapur (hereinafter referred to as 'revisional Court'). The said Court, after hearing both side, by its order dated 02.11.2019 allowed the revision petition and set aside the order of the trial Court dated 19.03.2018 and restored the complaint in its original stage. Both parties were directed to appear before the trial Court on 23.12.2019 without anticipating any summons from the trial Court. Challenging the said order, accused no.1 alone has filed this petition under section 482 of Cr.P.C. seeking setting aside of the order of revisional Court dated 02.11.2019 and restoring the order of the trial Court dated 19.03.2018.