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V. SRISHANANDA
Rajendra Sing S/o. Gokul Singh – Appellant
Versus
State of Karnataka, Through Brahmapur Police Station, Kalaburagi – Respondent
ORDER :
1. This petition is filed under Section 482 Cr.P.C., with the following prayer :
2. Heard Sri Ravi B. Naik, learned Senior counsel for the petitioners, Smt. Maya T.R., learned High Court Government Pleader for the first respondent-State and Sri Basavaraj M. Police Patil, learned counsel for second respondent and perused the records.
3. Brief facts of the case which are necessary for disposal of the petition are as under:
Second respondent herein filed a private complaint against the accused/petitioners herein in PC No.549/2019 on the file of the IV Additional Civil Judge and JMFC, Kalaburagi, seeking action against the petitioners for the offence punishable under Sections 339, 340, 341, 342, 343, 344, 420, 441, 442, 447, 448, 452 read with Section 34 IPC. There is a pending civil dispute between the parties. The said private complaint was referred to police for investigation and filing of appropriate report by exercising powers under Sectio
It is settled principles of law that no lis can be decided in absence of a party.
A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
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