GUNDAPPA MSR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by one MSB. Gundappa, father of Dr. M. G. Nagaraj, who is abroad.

(2.) The facts as set out in the petition, are-The petitioner and his three sons are doing business in Drugs in Chikmagalur town under the name M/s Fair Price Drug Stores. The petitioner is the Managing Partner. On account of his old age, he is assisted by his sons M]s M.G.Krishna and M.S.Babushankar. His another son, Dr. M.G.Nagaraj, a Veterinary Doctor; 'left for the USA for further studies and appointment, on or about 21-6-1973. Since then he has been permanently residing there.

(3.) Dr.Nagaraj was arrayed as the 4th accused in the Court of the Chief Judiciial Magistrate, Chikmagalur in CC.611/75. The charge-sheet wss filed in the Magistrate's Court on 6-5-1975. On that day Dr.M.G. Nagaraj was not in India and was in the USA, settled down there and serving as a Doctor. The Magistrate ordered summons to the four accused persons, returnable by 24-6-1975. The fact that Dr.Nagaraj was in the USA was, unfortunately, not brought to the notice of the Magsitrate. He, again, ordered summons to Dr.Nagaraj, returnable by 22-7-1975. On that day, the Asst Public Prosecutor requested the Court to bifurcate the case against Dr.M.G.Nagaraj and to register a separate case, and accordingly on 2-8-1975 the case against Dr.Nagaraj was separated and registered as CC.1013/75. On 2-8-1975 the Magistrate ordered N.B.Warrant to Dr.Nagaraj and directed that it should be sent through the S.P. for execution, returnable by 30-8-1975. According to the order sheet, the N.B.Warrant was not executed stating that Dr.Nagaraj has been to America. The case was posted on various dates at the request of the Asst Pubilc Prosecutor. On 8-6-1976, the Magistrate ordered issue of proclamation under Sec.82, CrlPC (1973), returnable by 19-7-1976. The proclamation is d/ .14-6-1976. The heading is-Proclamation for person absconding.