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S. M. Sharmila Rani vs K. Ashok Kumar
2022 Latest Caselaw 1149 Kant

Citation : 2022 Latest Caselaw 1149 Kant
Judgement Date : 25 January, 2022

Karnataka High Court
S. M. Sharmila Rani vs K. Ashok Kumar on 25 January, 2022
Bench: K.Somashekar
                           :1:



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 25TH DAY OF JANUARY, 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE K.SOMASHEKAR

          REVIEW PETITION No. 278 OF 2021
BETWEEN
S.M. Sharmila Rani
Aged about 34 years
W/o. K. Ashok Kumar
D/o S.D. Munidevegowda
Near Sacred Heart School
Geddlahalli Road
Upparahalli
Tumkuru - 572 102.
                                             ... Petitioner
(By Smt. S. M. Sharmila Rani - Party-in-person)
AND
1.    K. Ashok Kumar
      Aged about 44 years
      S/o Krishnegowda
      Asst. Manager, TCS Co.,
      Phase-3, Spencer Plaza
      Mangal Tirth Estate
      769, Anna Salai Triplicane
      Chennai - 600 002

      And
      Resident of Y.N. Koppal Road
      Kyathanahalli
      Pandavapura Taluk
      Mandya District - 571427.
                            :2:



2.   Sarasamma
     W/o. Krishnegowda
     Aged about 60 years
     Residing at No.285
     Kyathanahalli
     Y.N. Koppal Road
     Pandavapura Taluk
     Mandya District - 571427.

3.   Krishne Gowda
     Aged about 72 years
     Residing at No.285
     Kyathanahalli
     Y.N. Koppal Road
     Pandavapura Taluk
     Mandya District - 571427.

4.   Latha
     Aged about 46 years
     W/o Ravi Kumara
     R/at Door No.34, DBC Block
     R.K. Nagar, Mysore.

5.   Ravi Kumara
     Aged about 48 years
     R/at Door No.34, DBC Block
     R.K. Nagar, Mysore.

6.   Krishne Gowda
     Aged about 59 years
     S/o Late Thimme Gowda
     R/at Kyathanahalli
     Y.N. Koppal Road
     Pandavapura Taluk
     Mandya District - 571427.

7    Channakeshava K S
     Aged about 48 years
     S/o Late Shivanna
                             :3:



     R/at Kyathanahalli
     Y.N. Koppal Road
     Pandavapura Taluk
     Mandya District - 571427.

8.   State of Karnataka
     Rep. by New Extension Police Station
     Tilak Park, Tumkuru - 572102.
                                            ... Respondents
      This Review Petition is filed under Article 137 of the
Constitution of India and Section 114 of Cr.P.C.,
r/w Order 47 Rule 1 of Cr.P.C., praying to review the
judgment dated 10.12.2020 in Crl.P.77/2018 and
Crl.P.No.735/2019.

      This Review Petition coming on for Orders, this day,
the court made the following:


                        ORDER

Petitioner namely Smt. S.M. Sharmila Rani who is

the party-in-person, appears through video conferencing.

Whereas in this petition, it is specifically stated that the

petition is filed under Section 114 provides only right to

review the petition and so also Rule 1 of 47 of the Cr.P.C.

and Article 137 of the Indian Constitution praying to

review the order of case no. Crl.P.77/2018 and case no.

Crl.P.735/2019, the judgment Annexure-"A".

2. In the meanwhile of the dictation given by

referring to the materials available on record as well as the

provisions of the Cr.P.C. or CPC or the Constitution of

India, but the party-in-person Smt. S.M. Sharmila Rani

who is appearing through video conferencing fairly

submits that she is not inclined to persuade this matter

and consequently seeks to withdraw the petition as not

pressed.

3. Recording the submission of the petitioner /

party-in-person, the petition is dismissed as withdrawn.

In the meanwhile, petitioner is directed to file a memo to

that effect seeking withdrawal of the petition, for the

purpose of reference.

4. In pursuance of permitting to withdraw this

Review Petition, I.A.No.1/2021 seeking permission to

appear in person does not survive for consideration and

the same stands disposed of as not pressed. Further,

I.A.No.1/2022 filed seeking to post this matter

consequence upon withdrawal of this review petition, does

not arise for consideration. Hence, it is made clear that

I.A.No.1/2021 and I.A.No.1/2022 stand dismissed, as

both the applications do not survive for consideration.

Sd/-

JUDGE

KS

 
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