Karnataka High Court Charulata Somal vs Shiriyara Muddanna Shetty on 2 December, 2024 1 NC: 2024:KHC:49505 CRL.RP No. 664 of 2016 ND R DATED THIS THE 2 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 664 OF 2016 BETWEEN: CHARULATA SOMAL, D/O VIRENDRA SINGH, AGE: 28 YEARS, OCC: CEO, ZILLA PANCHAYAT, OFFICE OF ZILLA PANCHAYAT, FORT, MADIKERI, KODAGU DISTRICT571 201. ...PETITIONER (BY SRI H.S. CHANDRAMOULI, SENIOR ADVOCATE FOR SRI RAJATH, ADVOCATE) AND: SHIRIYARA MUDDANNA SHETTY, AGE: 57 YEARS, OCC: ADVOCATE, ROOM NO.V., Digitally MUNICIPALITY COMMERCIAL COMPLEX, signed by NEW BUS STAND, KUNDAPURA, MALATESH UDUPI DISTRICT576 201. KC ...RESPONDENT Location: (BY SRI K.PRASANNA SHETTY, ADVOCATE) HIGH COURT OF THIS CRIMINAL REVISION PETITION IS FILED UNDER KARNATAKA SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 07.12.2015 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA, DIRECTING REGISTRATION OF CRIME AND ISSUANCE OF PROCESS AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 499, 500 AND 504 OF IPC IN PCR NO.315/2015 (C.C.NO.4417/2015). 2 NC: 2024:KHC:49505 CRL.RP No. 664 of 2016 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Heard Sri H.S.Chandramouli, learned Senior Counsel for the revision petitioner and Sri K.Prasanna Shetty, learned counsel for respondent. 2. In the revision petition, following is the prayer: "WHEREFORE it is most humbly prayed that this Hon'ble Court may be pleased to pass an order, setting aside the order dated 7122015 passed by learned Additional Civil Judge and JMFC, Kundapura, directing registration of crime and issuance of process against the petitioner for the offences punishable under Sections 499, 500 and 504 of IPC in PCR No.315/2015 (C.C.No.4417/2015), in interest of justice and equity." 3. The facts in nutshell for disposal of the present revision petition are as under: A private complaint came to be filed on the file of the Additional Civil Judge and JMFC, Kundapura, alleging the commission of offences punishable under Sections 499, 500, 504 and 506 of IPC against the revision petitioner by the 3 NC: 2024:KHC:49505 CRL.RP No. 664 of 2016 respondent. The contentions urged in the private complaint read as under: "The complainant begs to submit as follows: 1. That the complainant is a respectable citizen of India. That the complainant is a registered legal practitioner, enrolled as an Advocate in the roll of the Bar Council of State of Karnataka, vide enrollment no. KAR/792/1985. That the complainant is a member of Kundapura Bar Association (Regd.), and has been practicing as an Advocate for the last over 29 years. That the complainant has been practicing as an Advocate in Civil, Criminal, Revenue. Co. Operative and other branches of law. That the complainant is a past president of Kundapura Bar Association. That the complainant is an ExPresident of Shiriyara Grama Panchayath and is the present sitting member of the said Grama Panchayath. He has also served as director of Brahmavara Sugar Factory, and contested the election held for Byndoor Assembly constituency. That the complainant commands great respect in the society, in the legal fraternity and among the clientele. 2. That the accused is a Government Servant and is serving as the Assistant Commissioner at Kundapura in the office of the Assistant Commissioner Kundapura, located at Mini Vidhana Soudha bu