CILP N0.4579/2009
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THES me am my OF OCTOBER 2009 V
BEFORE C V. C
THE HON'BLE MR. JUSTICE I-IULUVADI d 3
CRIMINAL PETITTON No:;:{és7fé§'/2.009 .1: * V' V'
BETWEEN V' 'C C'
Syed Issac Basha,
Plot No.680,
13"' Cross, 27*" Main,
Sector~1, H S RLay0ut, 2 ~ _ V AA
Bangalore»-560 102. V Petitioner
[By Sri A Radhakris]:1f1a_,'g--'tdv.§A_ for C
Md. Samdani*'B"a'sha;i§.
S/0 Md. Pyrzijan, . -- .
Adm. adh--1._1535»._. . sssss
S'z1r11di"AIabia. V' Respondent
[Notdieedddto is dispensed with]
'I'I1is44"CrijEn,iri2d Petition is filed under Section 482 of the Code of
Prdcedure, praying to set aside the order dated 5.8.2009
.& 4. .p&assed"by..'the XIV Add}. C M M, Bangalore, in C C N0.26030/ 2005
land .I"f:$'iQ§'€3i.th€ complaint.
Crl.P No.45'79/2009
This Petition coming on for Admission this day, the Court made
the following:
ORDER
The petitioner has sought for to set aside
5.8.2009 passed by the XIV Add}. Chief Metropolitan
Banga1ore,inCCNo.26030/2005. _ V _p A up
2. The learned Magistrate, after; ti-e._l:i’ng >eoA’gnivzan'<§e._.and
issuance of summons for non~appearance 'Oi-"t1'1€VV".8:.vCCL1S'éd, in'
furtherance of the proceedings, orc£.ered 'to issue-_N_.:EB W. The
respondent is shown to have been serifed ffitiuthpffnotice and appeared
and after j turn up, against which Non-
Bailable WarrantV_tvas the pendency of the execution of
the NBVV,’;”Lh.’?_. to be dismissed by the learned
Uat.é’;’«:. V V p ……
For °nor1~appearance of the accused either by way of
‘:._:5ersoin_a.1:presence or through the execution of Warrant when the
W’
Crl.P No.4579/2009
N’ B W was not still executed, there was no reason for the learned
Magistrate to dismiss the complaint and the proceedings thereafter.
5. In the said circumstances, the Petition is a11Q.wed_f~.V_ The
impugned order passed by the learned Magistrate is :.f_fhe
matter is restored on Board. It is for the Magistrate»ie:’prC~e:eed
the stage, where it was pending.
Bjs