STATE OF KARNATAKA Vs. LAMBADI CHANDRANAIK

JUDGEMENT

(1.) Since this matter can be finally disposed of at this stage itself it is taken up for final disposal. I have heard the learned High Court Government Pleader for the petitioner.

(2.) The State has preferred this Revision Petition against the order dated 5-7-95 in CC No. 4115/91 on the file of the Court of the Addl. Munsiff and JMFC, Bellary, closing the prosecution case and dropping the proceedings because the accused in the case

(3.) The Cowl Bazaar Police in Bellary filed a charge sheet in CC No. 4115/91 against the accused Lambadi Chandra Naik and Lambadi Dharma Naik. They showed Lambadi Dharma Naik as absconding in the charge-sheet. Attempts were made by the prosecution to serve the summons and non-bailable warrants issued by the Court against both the accused between 18-11-1992 and 4-7-1995, over a period of 3 years, but they did not succeed. A proclamation appears to have been issued but was of no avail. So on 5-7-95 when the matter came up before the learned Magistrate, relying upon the decision of this Court reported in ILR (1994) Karnataka 3308, the learned Magistrate directed the closure of the proceedings by way of dropping the proceedings and passed an order accordingly. There is no provision of law cited in the impugned order under which the said order has been passed.