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1989 Supreme(Kar) 161

K.RAMACHANDRIAH
BASAVANTAPPA BASAPPA BANNIHALLI – Appellant
Versus
SHANKARAPPA MARIGALLAPPA – Respondent


RAMACHANDRAIAH, J.

( 1 ) THIS Revision Petition filed under Section 397 read with Section 401 Cr. P. C. is directed against the order dated 7-2-1989, passed by the J. M. F. C. , Byadgi, in C. C. No. 5/88, taking cognizance of the offences under Sections 447 and 323 I. P. C. , alleged against the petitioners in the private complaint lodged against them by the respondent-complainant on 2-4-1985, alleging that the petitioners at about 5 p. m. on 22-3-1985 committed house trespass by entering into the house of the respondent-complainant at Hedigonda village and assaulted the respondent and his father with their hands and voluntarily caused hurt to them and thereby committed offences under Sections 447 and 323 I. P. C. The learned J. M. F. C. took cognizance of the said offences by order dated 1-1-1988 and ordered issue of process against the petitioners. Thereafter, the petitioners-accused entered appearance in the trial-Court and after taking some adjournments filed an application on 15-12-1988 requesting the court not to proceed against them as cognizance of the offences alleged against them in the complaint of the respondent was taken by the Court after the expiry of the period of l









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