Karnataka High Court
Sri Mohan Rao S/O. Sri. S K Lakshman Rao vs Sharanabasava Boreddy on 29 January, 2013
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 29th DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.5988/2010
BETWEEN:
1. SRI MOHAN RAO
S/O. SRI. S K LAKSHMAN RAO
AGED ABOUT 59 YEARS,
R/A NO. 22, IST 'A' CROSS,
HANUMANTHANAGAR,
OPPOSITE TO STATE BANK OF MYSORE,
BANGALORE -560 019. ... PETITIONER
(By Sri SANJAY A PATIL, ADVOCATE)
AND
1. SHARANABASAVA BOREDDY
AGE: 23 YEARS
S/O SRI. SIDDALINGAPPA BOREDDY
AGED ABOUT 23 YEARS,
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
2
2. RATNA S
D/O. SRI. S SAIBBA
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
3. SWETHA PATIL
D/O. SRI. H RAJASHEKAR PATIL
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
4. YOGITHA
D/O SRI. MUKESHCHAND AGARWAL
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
5. CHAITANYAPRIYA
D/O. SRI. G THIMMAREDDY
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
6. USHA A
D/O SRI. A CHANNAPPA PATIL
AGED ABOUT 23 YEARS
3
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
7. JUNAID ABBAS
S/O. SRI. MD. SALEEM
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
8. MHD. IMRAN
S/O SRI. MD. YAKUB
AGED ABOUT 24 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
9. AZHAR ASHFAQ MOHIUDDIN
AGED ABOUT 25 YEARS
S/O. SRI. KAISER RAZAK MOHIUDDIN
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
10. CHANDRASHEKAR S
S/O. SRI. RAMALINGAPPA
AGED ABOUT 24 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
4
RAICHUR 584 101.
11. SYED SHARFUDDIN
S/O. SRI. SYED SHAMSUDDIN
AGED ABOUT 25 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
12. SHIVAKUMAR
S/O. SRI. BASANAGOUDA PATIL
AGED ABOUT 23 YEARS
C/O. PRINCIPAL,
HKE'S S.L.N. ENGINEERING COLLEGE
YERMARUS CAMPUS,
RAICHUR 584 101.
13. SRI. R A NARAYAN
PRESIDENT, TALGEA
NO. 23, 5TH MAIN,
J C INDUSTRIAL LAYOUT,
YELECHENAHALLI,
KANAKAPURA ROAD,
BANGALORE -560 062. .. RESPONDENTS
(By Sri SHIVKUMAR MALIPATIL, ADV.,)
THIS CRIMINAL PETITION IS FIELD UNDER
SECTION 482 OF THE CRIMINAL PROCEDURE
CODE, 1973 PRAYING TO SET ASIDE
PROCEEDINGS IN EXECUTION PETITION
NO.7/2009 ON THE FILE OF DISTRICT
CONSUMER REDRESSAL FORUM AT RAICHUR
5
(ARISING OUT OF DCFR NO.49/2008 DATED
30.12.2008) PERTAINING TO THIS PETITIONER
ONLY WHO IS A STRANGER AND NOT A PARTY TO
THE COMPLAINT AND EXECUTION PROCEEDINGS
AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned Counsel Shri Sanjay A Patil appearing for the petitioner would submit that there is a conflict of interest as he had filed vakalath for the petitioner before he was appointed as the Additional State Public Prosecutor and has by inadvertence, failed to take steps to intimate the petitioner to engage other counsel and there is no other counsel on record. Hence, he seeks time to take steps to inform the petitioner of the present circumstance to enable him to engage some other counsel.
2. This is an unfortunate circumstance. The moment Shri Sajay A Patil was appointed as the Additional State Public Prosecutor, he was duty bound and it was his responsibility to 6 ensure that he returned all the briefs in which he was appearing for the accused against the State and that not having been done, it is not open for Shri Patil to contend that he would now take steps, when the matter is listed before the court for final hearing. Therefore, it is taken that he no longer represents the petitioner. Since none appears for the petitioner, the petition is dismissed for non-prosecution.
Sd/-
JUDGE nv