B S Padmanabaiah vs The Assistant Secretary
2021 Latest Caselaw 5035 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 29TH DAY OF NOVEMBER, 2021

                      BEFORE

    THE HON'BLE MR. JUSTICE V. SRISHANANDA

 CRIMINAL REVISION PETITION NO.934/2012


BETWEEN:

B.S. PADMANABAIAH
S/O SANATHKUMARAIAH
AGED ABOUT 58 YEARS
OCC: BUSINESS
R/O JAIN STREET
MANDYA.
                                       ... PETITIONER
(BY SRI. C.H. JADHAV, SENIOR COUNSEL
 AND SRI. CHETAN JADHAV, ADVOCATE)

AND:

THE ASSISTANT SECRETARY
AGRICULTURAL PRODUCE
MARKETING COMMITTEE
MANDYA DISTRICT
MANDYA.
                                       ...RESPONDENT
(BY SRI. H.K. THIMMEGOWDA, ADVOCATE
 AND SRI. T. SWAROOP, ADVOCATE)
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     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 CR.P.C. PRAYING TO SET ASIDE
THE ORDER DATED 30.06.2012 IN CRL.A.NO.45/2010
PASSED BY THE P.O., FTC-III, MANDYA, CONFIRMING THE
SENTENCE AND ORDER DT. 17.4.2010 PASSED IN
C.C.NO.838/2002 BY JMFC, MANDYA, CONVICTING THE
ACCUSED FOR OFFENCES P/U/S 8(1) (b) OF KARNATAKA
AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT
AND SENTENCING HIM TO UNDERGO S.I. FOR ONE
MONTH AND TO PAY A FINE OF RS.500/-.

     THIS CRIMINAL REVISION PETITION COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-

                               ORDER

The present revision petition is filed by the accused

against the judgment and award 30.06.2012 in

Crl.A.No.45/2010 passed by the P.O., FTC-III, Mandya,

confirming the sentence and order dt. 17.4.2010 passed in

C.C.No.838/2002 by JMFC, Mandya, convicting the accused

for offences p/u/s 8(1) (b) of Karnataka Agricultural

Produce Marketing (Regulation) Act.

2. On the previous occasion, learned counsel for

revision petitioner has reported the death of revision

petitioner. However, the revision petition cannot be

dismissed in view of the fact that there was a composite

sentence of imprisonment and fine. Insofar as the fine

amount of Rs.500/- is concerned, the Revision Petition

would continue by impleading the legal representatives of

accused as held by the Hon'ble Apex Court in the case of

RAMESAN(DEAD)THROUGH LR. GIRIJA A Vs. STATE

OF KERALA reported in (2020) 3 Supreme Court Cases

45. Since the counsel for revision petitioner is unable to

get the details of legal representatives and so also the

actual date of death of the revision petitioner, the revision

petition stands dismissed.

3. The State is at liberty to recover a sum of Rs.500/-

fine amount as arrears of land revenue.

Sd/-

JUDGE

SSD