N K Suresh vs Shivamma
2021 Latest Caselaw 187 Kant

                                 Crl.R.P.No.1158/2016

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF JANUARY 2021

                      BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

   CRIMINAL REVISION PETITION No.1158/2016

BETWEEN:

N K SURESH
S/O N S KRISHNAMURTHY
AGED ABOUT 62 YEARS
# 1083, V CROSS, XII MAIN
HAL II STAGE, INDIRANAGAR
BENGALURU-560 038                      ... PETITIONER

(BY SMT VIDYASHREE, ADVOCATE FOR
    SRI SRINIVAS RAO S.S., ADVOCATE)

AND:

SHIVAMMA
W/O JAVARE GOWDA
CHIKKANAYAKANAHALLI
BELAGODU HOBLI
SAKALESHAPURA TALUK
HASSAN DISTRICT - 573 201
REPRESENTED BY GPA HOLDER
C J BASAVARAJAPPA                    ... RESPONDENT

(BY SRI. R.B. DESHPANDE, ADVOCATE)

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT
DATED 24.06.2016 PASSED IN CRL.A.NO.67/2014 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND
SESSIONS   JUDGE,   HASSAN    CONFIRMING   THE
JUDGMENT     DATED    04.04.2014   PASSED    IN
                                         Crl.R.P.No.1158/2016

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C.C.NO.420/2005 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE AND J.M.F.C., HASSAN AND ACQUIT THE
PETITIONER.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE MADE THE FOLLOWING:

                       ORDER

Learned counsel for the petitioner submits that

the petitioner was not able to secure the particulars

of the legal representatives of the respondent. The

respondent said to have died on 06.02.2008 that was

during the pendency of matter before the Sessions

Court. The present petition is filed against the dead

person.

2. Despite granting sufficient opportunity,

the legal representatives of the deceased

respondent/complainant are not brought on record.

Therefore, the petition is dismissed.

The consequence to that the impugned order of

conviction and sentence against the petitioner

sustains. It is open to the legal representatives of the Crl.R.P.No.1158/2016

deceased respondent to enforce the order of the Trial

Court.

Sd/-

JUDGE KG