B Samba Murthy S/O.Late Subba Rao vs M Vijay Lakshmi W/O. Umakant
2022 Latest Caselaw 9765 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 29TH DAY OF JUNE 2022

                         BEFORE

        THE HON'BLE MR.JUSTICE K. NATARAJAN

  CRIMINAL REVISION PETITION NO. 2149 OF 2013

BETWEEN:

B. SAMBA MURTHY
S/O. LATE SUBBA RAO
AGE: 59 YEARS,
OCC: CENTRAL GOVT. EMPLOYEE,
R/O. NO.95, NARMADA RMP COLONY,
KUVEMPU NAGAR,
MYSORE.
                                          ... PETITIONER
(BY SRI. B. SAMBA MURTHY
S/O. LATE SUBBA RAO, ADV.)

AND:

SMT. M. VIJAY LAKSHMI
W/O. UMAKANT,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. NO.186/7,
PATHAKANDAKAM STEET,
BELLARY, DIST. BELLARY.
                                         ... RESPONDENT
(BY SHRI. V. SHIVARAJA HIREMATH, ADV.)
                                   2




     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C. SEEKING TO
SET ASIDE THE JUDGMENT IN CRL. A. NO.99/2012 DATED
15.03.2013 PASSED BY THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BELLARY AND CONFIRMING THE JUDGMENT
AND ACQUITTAL ORDER PASSED BY THE II ADDITIONAL CIVIL
JUDGE AND JMFC, BELLARY IN C.C. NO.62/2010 DATED 07.08.2012
BY ALLOWING THIS CRIMINAL REVISION PETITION.

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

                             ORDER

NBW issued against the petitioner returned un-executed on

the ground that he had already vacated the premises and he was

retired from services six to seven years long back.

2. The learned counsel for the petitioner submits that the

petitioner is already dead and he is unable to collect the information

or details of the petitioner. The counsel also further submits that

the respondent is also no more and his legal heirs have not shown

any interest to proceed in the matter.

3. Considering the facts and circumstances of the case,

the record reveals the death of the petitioner, who had filed this

petition for setting the judgment of conviction and order of

sentence.

4. The revision petition is abated in view of the death of

the deceased-petitioner. The Legal Representatives of the

respondent are directed to take action to recover the fine amount

from the legal representatives of the petitioner.

Sd/-

JUDGE

SMM