ADIVEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the complainant/victim challenging the order dtd. 24/9/2021 passed in Summary Case No.3/2021 by learned II Additional District and Sessions and Special Judge, Dharwad accepting the 'B' report filed by Dharwad Rural Police Station in Crime No.137/2020 registered for the offences punishable Ss. 323, 324, 354, 504, 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity) and under Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ,1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity).

(2.) Heard learned counsel for the appellant, learned High Court Government Pleader for respondent No.1-State and learned counsel appearing for respondent Nos.2 to 4.

(3.) The appellant/complainant had filed typed complaint on 27/8/2020 before Dharwad Rural Police Station and the same came to be registered in Crime No.137/2020 for the offences punishable under Ss. 323, 324, 354, 504, 506 read with Sec. 34 of IPC and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST (POA) Act, arraying respondent Nos.2 to 4 as accused Nos.1 to 3 in the FIR. After investigation the Dy.S.P., Dharwad Rural Sub-Division, Dharwad submitted the 'B' final report along with 42 documents praying for acceptance of 'B' summary report. On receipt of the said 'B' report learned II Additional District and Sessions and Special Judge, Dharwad has ordered issuance of notice to the first informant/victim i.e. appellant herein. Twice the notice has not been served on the appellant/first informant, subsequently again the Court has ordered on 31/7/2021 issuance of notice to the complainant by mentioning the date of appearance as 24/9/2021. On 24/9/2021 the case was called and learned Sessions/Special Judge noted that the notice to the complainant is served personally. The appellant/first informant was called out and he was absent. Noting the valid service of notice to the complainant, learned Special Judge has accepted the 'B' report by order dtd. 24/9/2021. The said order is challenged by the appellant herein in the instant appeal. The only ground urged(pressed) is that there is no service of notice on the appellant/first informant.