Bagalkot Town Development ... vs Abdulajij Dastagirsab Attar
2022 Latest Caselaw 467 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH
        DATED THIS THE 11TH DAY OF JANUARY 2022
                        BEFORE
      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

               CRL.RP.NO.100148 OF 2019

BETWEEN

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

(BY SRI. ANAND R KOLLI, ADVOCATE)

AND

1. ABUDULAJIJ DASTAGIRSAB ATTAR
AGE:56 YEARS, OCC:FDA IN BTDA,
BAGALKOT.

2. VEERASANGAYYA MAHADEVAYYA HIREMATH,
AGE:59 YEARS, OCC:PEON IN BTDA,
BAGALKOT.

3. THE STATE OF KARNARTAKA
P.S.I., TOWN P.S., BAGALKOT.
REPRESENTED BY SATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD.
                                          ...RESPONDENTS
(BY SRI.RAMESH B. CHIGARI, HCGP)

      THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENTS
AND ORDERS OF ACQUITTAL IN C.C.NO.79/2007 DATED
04.05.2010 PASSED BY THE CJM COURT, BAGALKOT AND
CONFIRMING THE ORDER OF THE TRIAL COURT IN
                                  2




CRL.A.NO.80/2010 DATED 16.03.2019 PASSED BY THE II-ADDL.
DIST. & SESSIONS JUDGE, BAGALKOT.

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

                               ORDER

This Criminal Revision Petition is filed by the

complainant against the judgment and order of

acquittal dated 04.05.2010 passed by the Court of

CJM at Bagalkot in Criminal Case No.79/2007,

acquitting respondent Nos.1 and 2/ accused Nos.1

and 2 of offences punishable under Sections 409

and 201 of IPC, confirmed in Criminal Appeal

No.80/2010 dated 16.03.2019 by the Court of II

Additional District and Sessions Judge Bagalkot.

2. The learned counsel appearing for

petitioner submits that both accused Nos.1 and 2

are no more and therefore the Revision Petition

has abated.

3. Since both the accused are dead nothing

survives for consideration. Accordingly, the

Revision Petition is dismissed.

I.A No.1/2019 and 1/2021 are also

dismissed.

Sd/-

JUDGE

PJ