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2021 Supreme(Kar) 7

MOHAMMAD NAWAZ
K. Surya Prakash, Son of Late Sri. K. Kotrappa – Appellant
Versus
T Rohini W/o M. Gopal Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri J.S.Shetty, Advocate
For the Respondent: Shri K.L.Patil, Adv.

ORDER :

1. Complainant in P.C.No.154/2010 on the file of the Court of II Addl. Civil Judge and JMFC, Ballari, has preferred this petition, praying to set aside the order dated 07.11.2012 passed by the learned Magistrate accepting the ‘B’ final report as well as the order dated 17.03.2018 passed by the Addl. District and Sessions Judge, Ballari, in Criminal Revision Petition No.317/2013, confirming the said order.

2. The petitioner herein filed a private complaint against the respondents which was referred for investigation under Section 156 (3) of Cr.P.C. The Cowl Bazaar police, Ballari, registered a case in Cr.No.279/2010 against the respondents for offences punishable under Sections 447, 379, 209, 211, 244, 455, 458, 506 read with Sections 25 and 34 of IPC. The police filed a ‘B’ final report after investigation which was received by the learned Magistrate on 11.07.2011. Thereafter, notice was issued to the complainant. However, vide order dated 07.11.2012, since notice was not served on the complainant and since he had remained absent, the learned Magistrate accepted the ‘B’ report and closed the case.

3. The petitioner/complainant filed a revision petition along with an applicatio

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