USHADEVI D.M. Vs. PARVATHAMMA

JUDGEMENT

(1.) This is a complainant's revision petition challenging the order dtd. 25/5/2022 passed in C.C.No.579/2019 by the Court of Principal Civil Judge and JMFC, Hosadurga, wherein his complaint was dismissed for non-prosecution.

(2.) Initially, a case was registered in Crime No.200/2014 at Hosadurga Police Station against accused Nos.1 to 6 for offences punishable under Sec. 143, 147, 323, 354, 504, 506 read with 149 of IPC , on a complaint lodged by the petitioner. On completion of investigation, the police filed a 'B' report which was challenged by the complainant by way of protest petition. The learned Magistrate on hearing the complainant, rejected the 'B' report and a fresh investigation was ordered. Once again the police submitted a 'B' report. The learned Magistrate vide order dtd. 30/1/2019 rejected the said 'B' report and subsequently registered a case against accused Nos.1 to 6 and issued summons to them. Pursuant to the summons, the accused appeared and they were released on bail.

(3.) The trial Court vide impugned order dtd. 25/5/2022 dismissed the complaint for non-prosecution, on the ground that the complainant was absent and there was no representation on his behalf, further observing that the case is pending for E.B.C., for a longtime.