Mahadev vs State of Karnataka - 2023 Supreme(Kar) 1121

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1121

T. VENKATESH NAIK
Mahadev – Appellant
Versus
State of Karnataka – Respondent

Advocates appeared:
Gururaj V.Hasilkar, Advocate, Ganesh Naik, Advocate

JUDGMENT

1. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent-State.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. The petitioner is accused and respondent is complainant - State.

3. The accused has filed this petition under Sec. 482 of Cr.P.C., praying to quash the order dtd. 5/6/2023 passed by the III Additional Senior Civil Judge and J.M.F.C., Vijayapur in C.C. No.94/2017, wherein the learned Additional Senior Civil Judge and J.M.F.C., Vijayapura allowed the application filed by accused under Sec. 311 of Cr.P.C., and recalled PW5 to tender crossexamination through video conferencing.

4. The brief facts of the case: On 27/6/2017 at about 01:15 p.m., PW5 - the Presiding Officer i.e., Principal Civil Judge and JMFC, Vijayapura was giving dictation to her Stenographer in O.S. No.160/2005, at that time, accused entered her Chamber, took quarrel with her in respect of not signing of GIS bill, abused her, insisted to sign on GIS bill, made criminal intimidation, while discharging public duty. On the basis of complainant - respondent, Police registered case, investigated matter and filed ch