SEENAPPA SHETTY Vs. BHUJANGA SHETTY

JUDGEMENT

(1.) The learned counsel for the petitioner Smt. Suman Hegde has filed the above noted applications (i.e., LA. III in Cr.R.P. No. 477/1989 and LA. III in Cr.RP. No. 468/1989) on behalf of the respective petitioners praying that the Judgment, dated 7-3-1991 passed in Cr.R.P. No. 477/1989 and Cr.R.P. No. 468/1989 passed by this court may kindly be recalled and petitioners be permitted to urge their arguments on merits.

(2.) Before considering the applications for recalling the earlier Judgment of this court, it is necessary to make a brief advertence to the facts.

(3.) In Cr. R.P. No. 477/1989, the petitioner was the 4th accused and in Cr. R.P.No. 468/1989, the petitioner was the 5th accused in C.C. No. 93/1989. The common respondent K. Bhujanga Shetty has filed a complaint under Section 200 of the Code of Criminal Procedure (shortly called as 'the Code') against 9 accused persons in the Court of JMFCI Court, Hubli, for the offences punishable under Sections 120-B, 540,506 read with Section 34 of the Indian Penal Code. The trial court after taking cognizance of the complaint, the same was registered in P.C. No. 26 of 1989. The sworn statement of the complainant and two other witnesses were recorded on 30-9-1989 and 3-10-1989 respectively. On the basis of the sworn statement, the trial court found that the complainant has made a prima facie case to proceed against the accused and ordered issue of summons to all the accused under Section 204 of the Code. It appears, that a paper publication was also made in respect of the Court taking cognizance of the complaint, filed by Bhujanga Shetty, and further proceedings that was held before that Court.