Karnataka High Court
CRL.P/6339/2019 of SMT. SELVI CECELIYA A Vs SMT. INDIRA @ INDIRAMMA on 9 September 2026
CNR: KAHC010270252019 NC: 2026:KHC:48862 CRL.P No. 6339 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.6339 OF 2019 BETWEEN: 1. SMT. SELVI CECELIYA A ., W/O PREM KUMAR, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.6339 OF 2019
BETWEEN:
1.
SMT. SELVI CECELIYA A.,
W/O PREM KUMAR,
AGED ABOUT 47 YEARS.
2.
SRI. PREM KUMAR,
S/O MR.ARUL PILLAI M,
AGED ABOUT 47 YEARS.
BOTH ARE R/O NO.47, SOUTH ROAD,
AUSTIN TOWN, BENGALURU-47.
…PETITIONERS
(BY SRI. MANJUNATH K.S., ADVOCATE)
AND:
1.
1(a)
SMT. INDIRA @ INDIRAMMA,
SINCE DECEASED BY HER LR.
SMT. POORNIMA,
AGED ABOUT 48 YEARS,
R/AT NO.237, 2ND FLOOR,
2ND CROSS, 2ND MAIN,
HANUMANTHANAGAR,
BENGALURU-560019.
(AMENDED VIDE ORDER DATED 31.07.2026)
…RESPONDENT
(BY SRI. M.D. RAGHUNATH, ADVOCATE FOR R1(a))
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
10.07.2019 PASSED ON IA FILED U/S.302 OF CRPC IN
C.C.NO.23905/2017 PENDING ON THE FILE OF THE LEARNED
12th ACMM, BENGALURU (DOCUMENT).
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Heard the learned counsel for the petitioners and the learned counsel for the respondent.
2. The learned counsel for the petitioners would contend that the Trial Court committed an error in entertaining the application filed under Section 302 of Cr.P.C. permitting the general power of attorney holder of the complainant to examine as witness in lieu of the evidence of the complainant.
3. Now both the learned counsel would submit that the very complainant is no more and hence, her daughter is brought on record as her legal heir and the person who has been permitted to come and give evidence before the Trial Court has also not been examined in view of the stay granted by this Court.
HC-KAR
4. In view of the changed circumstances, it is appropriate to set aside the order of the Trial Court. In view of the original complainant is no more, the daughter is brought on record and hence, the complainant can examine the daughter of the complainant before the Trial Court.
5. With these observations, the petition is disposed of.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 25