PASSED

IN

C.C.NO.612/2015 DATED 25.10.2021 ON THE FILE OF THE 1^ST

Digitally

signed by

SUMA

Location:

HIGH

COURT OF

KARNATAKA

- 2 -

ADDL.SENIOR

CIVIL

JUDGE

AND

CJM

AT

SHIIMOGA

DISMISSING APPLICATION FILED BY THE PETITION UNDER

SECTIONS 91 AND 243 OF CR.PC VIDE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioner/accused No.1 in C.C.No.612/2015 before

the II Addl. Senior Civil Judge and JMFC, Shivamogga has filed

this revision petition challenging the correctness of the order

dated 25.10.2021 passed therein, by which an application filed

by him under Sections 91 and 243 of Cr.P.C. was rejected.

2.

The

learned

Senior

counsel

representing

the

petitioner submits that in similar circumstances and involving

similar

facts

against

the

very

same

accused

in

C.C.No.611/2015, a similar application filed, was rejected by

the Trial Court and that this Court in Crl.R.P.No.1343/2019 had

allowed the revision petition and granted an opportunity to the

petitioner therein to lead his defence evidence. He therefore,

submits that a similar order be passed in the present case also.

- 3 -

3.

Per contra, learned High Court Government P