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2025 Supreme(Online)(Kar) 26196

KARNATAKA HIGH COURT
DR SIDA TAGORE – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.RP 1653 / 2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1653 OF 2024 BETWEEN:

1. DR. SIDA TAGORE, D/O LATE P. SADASIVAN, AGED ABOUT 46 YEARS, R/AT NO.481, HMT LAYOUT, 6TH MAIN, R.T.NAGAR, BENGALURU - 560 032.

…PETITIONER (BY SRI. NOBLE GURUMURTHY R., ADVOCATE)

AND:

1. STATE OF KARNATAKA, BY CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BRANCH, Digitally signed BELLARY ROAD, GANGANAGAR, by DEVIKA M BENGALURU-560 032.

Location: HIGH REP. BY SPECIAL PUBLIC PROSECUTOR, COURT OF KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

…RESPONDENT THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 27.01.2020 PASSED IN SPL.C.C.NO.106/2008 ON THE FILE OF THE LEARNED XLVII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR CBI CASES, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120-B R/W SECTIONS 409 AND 420 OF IPC R/W SECTIONS 13(1)(d) AND 13(2) OF PREVENTION OF CORRUPTIONS ACT, 1988 AND FURTHER BE PLEASED TO DISCHARGE THE PETITIONER.

THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Heard the learned counsel for the revision petitioner on I.A.No.1/2024 for condonation of delay of 932 days in filing the revision petition. In support of the application, an affidavit is filed stating that the impugned order was passed on 27.01.2020 and that her father was seriously ill and she being the only daughter she was in Kerala looking after him and the father passed away on 19.04.2022. It is stated that though she had instructed her earlier counsel, he did not file the revision petition and when the same was brought to her knowledge, she took NOC from the earlier counsel and hence there is a delay of 932 days in filing this revision petition.

2. The learned counsel for the petitioner submits that due to Covid-19 he could not file the revision petition in time. Even after Covid period also, no reasons are assigned. The only reason assigned is that the order was passed in 2020 and father passed away in 2022. After the death of the father also from 2022, no reasons are assigned for the delay. The only reason assigned is that the earlier counsel did not file the revision petition. But there is no explanation on the part of the petitioner as to what prevented her from contacting the counsel and verify regarding non filing of the revision petition. It is only stated that she took NOC from the earlier advocate and filed the present revision petition. The inordinate delay of 932 days in filing the revision petition is not explained by the petitioner. Hence, no grounds are made out to condone the delay. Hence, I.A.No.1/2024 is dismissed. Consequently, the criminal revision petition is dismissed.

Sd/-

(H.P.SANDESH)

JUDGE MD List No.: 1 Sl No.: 31

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