Mr Cyril Baretto vs The State -Through The Sub ...
2021 Latest Caselaw 5045 Kant

 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.936/2012

BETWEEN:

MR. CYRIL BARETTO,
AGED 50 YEARS,
S/O VICTOR BARETTO,
C/O JOCKIM
PINTO, MANGAJE HOUSE,
VOGGA POST, VOGGA,
BANTWAL TALUK,
D.K. DISTRICT.
                                     ...PETITIONER
(BY SRI. P.P. HEGDE, ADVOCATE)

AND:

THE STATE - THROUGH THE
SUB INSPECTOR OF POLICE,
BRAHMAVARA POLICE STATION,
BRAHMAVARA, UDUPI DISTRICT,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU.
                                     ...RESPONDENT
(BY SRI. K.S. ABHIJITH, HCGP)
                             2

     THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 CR.P.C, PRAYING
TO SET ASIDE THE CONVICTION AND THE ORDER OF
SENTENCE DATED 21.02.2008 PASSED BY THE
ADDITIONAL CIVIL JUDGE AND JMFC., UDUPI IN
CC.NO.13/2006 AND ALSO THE JUDGMENT DATED
03.08.2009 PASSED BY THE PRESIDING OFFICER, FTC,
UDUPI IN CRL.A.NO.85/2008, DISMISSING THE APPEAL
OF THE PETITIONER HEREIN; AND TO ACQUIT THE
PETITIONER HEREIN IN THE SAID CRIMINAL CASE.

     THIS CRIMINAL REVISION PETITION COMING FOR
FURTHER HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                         ORDER

Sri. P.P. Hegde, learned counsel for the revision

petitioner submits that he has been informed by the

brother of the accused that accused-revision petitioner is

no more. He also submits that there is no proper

instructions from the relatives of the accused-revision

petitioner about the payment of fine. Accordingly, this

Court may be pleased to pass an eventual order.

Hence, the following:-

ORDER

Since the accused is reported to be dead, the imprisonment portion cannot be confirmed and if any

balance of the fine amount is there, the respondent- State is at liberty to recover the fine amount as arrears of the land revenue following the dictum of the Hon'ble Apex Court in the case of Sri. Ramesan Vs. State of Kerala reported in (2020) 3 SCC 45.

Accordingly, the criminal revision petition stands disposed of.

Sd/-

JUDGE

AG