Sri K Guru Prasad Karohatikar vs Chikkaputtegowda
2022 Latest Caselaw 2268 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 11TH DAY OF FEBRUARY, 2022

                      BEFORE:

          THE HON'BLE MR. JUSTICE P.N.DESAI

       CRIMINAL REVISION PETITION NO.393/2013

BETWEEN:

SRI. K.GURU PRASAD KAROHATIKAR
S/O N.K.NANJAIAH,
AGED ABOUT 45 YEARS,
WORKING AS SENIOR
VETERINARY INSPECTOR,
VETERINARY HOSPITAL,
T.M.HOSURU VILLAGE,
K.SHETTIHALLI HOBLI,
S.R.PATNA TALUK,
PIN-571401.                              ... PETITIONER

[BY Ms.RAKSHA KEERTHANA K. FOR
SRI. KEMPARAJU, ADV., FOR PETITIONER]

AND:

CHIKKAPUTTEGOWDA
S/O CHIKKANNA,
AGED ABOUT 45 YEARS,
R/AT MALLEGOWDANAKOPPALU
VILLAGE, K.SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571401.                 ... RESPONDENT

[BY SRI KUSHAL V.S. FOR NELADURGA
 VIJAY KUMAR, ADVOCATE FOR RESPONDENT]

     THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W 401
OF CR.PC, PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER OF CONVICTION AND SENTENCE DATED 14.09.2012
PASSED BY THE ADDL. C.J.(JR.DN.) AND JMFC,
SRIRANGAPATNA IN C.C.NO.301/2010 AND CONFIRMED
                            2

DATED 25.03.2013 PASSED BY THE               P.O.,     F.T.C.,
SRIRANGAPATNA IN CRL.A.NO.101/2012.

     THIS PETITION COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:-


                       ORDER

Ms.Raksha Keerthana K, Adovocate for Sri.

Kemparaju, learned counsel for the petitioner and Sri.

Kushal V.S., Advocate for Sri.Neladurga Vijay Kumar,

learned counsel for the respondent are present before the

Court physically.

2. Both the counsel submitted that the matter

was settled before the Court by filing I.A.No.2/2021. As

per the order passed by this Court on 16.11.2021, the

said application was allowed and offence alleged against

the revision petitioner stands compounded.

3. Both side counsel submitted that the case be

disposed of by setting aside the judgment of conviction

and order sentence passed by the Addl. Civil Judge

(Jr.Dn.) and JMFC, Srirangapatna in C.C.No.301/2010

dated 14.09.2012 and confirmed by the Court of Sessions

Judge, Fast Track Court, Srirangapatna in

Crl.A.No.101/2012 as per their prayer in I.A.No.2/2021.

4. Perused the order dated 16.11.2021 passed

on I.A.No.2/2021 and joint affidavit filed by both the

parties.

5. In view of the order passed by this Court on

16.11.2021 and in view of compounding of the said

offence against the revision petitioner who was accused

before the trial court, the judgment of conviction and

order of sentence passed by the Addl. Civil Judge (Jr.Dn.)

and JMFC, Srirangapatna in C.C.No.301/2010 and

judgment dated 25.03.2013 passed by the Presiding

Officer, Fast Track Court, Srirangapatna in

Crl.A.No.101/2012 are hereby set-aside. In view of

compounding of the alleged offence against the revision

petitioner in this case stands acquitted. Accordingly,

petition stands disposed of.

Ordered accordingly and send back the records to

the trial Court.

Sd/-

JUDGE

JS/-