Bagalkot Town Development ... vs Abdulajij Dastagirsab Attar
2022 Latest Caselaw 205 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH
        DATED THIS THE 5TH DAY OF JANUARY, 2022
                        BEFORE
      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

               CRL.RP.No.100150 OF 2019

BETWEEN

BAGALKOT TOWN DEVELOPMENT AUTHORITY
BAGALKOT, REPRESENTED BY ITS
EXECUTIVE ENGINEER,
DIVISION NO.1, BAGALKOTE,
SRI.MOHAN NAGAPPA GADAG,
AGE: 56 YEARS, OCC: EXECUTIVE ENGINEER

                                           ...PETITIONER

(BY SRI.G K HIREGOUDAR (NOC),SRI.ANAND R.KOLLI, ADVS.)

AND

1 . ABDULAJIJ DASTAGIRSAB ATTAR
AGE: 56 YEARS, OCC: FDA IN
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT.

2 . VEERASANGAYYA MAHADEVAYYA IHIREMATH
AGE: 59 YEARS, OCC: PEON IN
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT.

3. THE STATE OF KARNATAKA
P.S.I. TOWN POLICE STATION, BAGALKOT
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING, DHARWAD.
                                          ...RESPONDENTS
(BY SRI.RAMESH B. CHIGARI, HCGP)
(R-1 & R-2- STATED AS DEAD IN POLICE REPORT)
                             2




      THIS CRIMINAL REVISION PETITION IS FILED U/S 397

R/W 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENTS

AND   ORDERS   OF   ACQUITTAL   IN   C.C.NO.82/2007   DATED

04.05.2010 PASSED BY THE CJM, BAGALKOT AND CONFIRMING

THE ORDER OF THE TRIAL COURT IN CRL.A.NO.83/2010 DATED

23.03.2019 PASSED BY THE II-ADDL. DISTRICT & SESSIONS

JUDGE, BAGALKOT.


      THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:


                         ORDER

This revision petition is filed by the complainant

against the Judgment of acquittal passed by the Trial

Court, acquitting the accused-respondents of the offences

punishable under Sections 409 and 201 of IPC which was

confirmed by the Sessions Court.

2. The notices issued to the respondents-accused have

been returned stating that both the accused are no more.

The death certificates of both the accused are enclosed

along with the Police report dated 09.09.2021.

3. In view of the death of both the respondents,

revision petition does not survive for consideration.

Accordingly, revision petition is dismissed.

Sd/-

JUDGE

HMB