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