Sri Kaseemkhan vs B M Kiran Kumar
2022 Latest Caselaw 12857 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 4TH DAY OF NOVEMBER, 2022

                              BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

 CRIMINAL REVISION PETITION NO.637 OF 2013

BETWEEN:

Sri. Kaseemkhan,
S/o. Late M. Ahamad Khan,
Aged about 58 years,
Residing at D.No.P/6, 91/8,
Muthak Compound,
Azadnagar, Madikeri Town,
Kodagu District - 571201.
                                                 ..Petitioner
(By Sri. O. Shivarama Bhat, Advocate)

AND:

B.M. Kiran Kumar,
S/o. Manjappa,
Aged about 58 years,
Chic Complex, Main Road,
Madikeri Town,
Kodagu - 571 201.
                                              .. Respondent
(By Sri. B.S.Basavaraju, Advocate)


                               ****

      This Crl.R.P. is filed under Section 397 read with Section
401 of the Code of Criminal Procedure, 1973, praying to set
aside    the    judgment      dated   29-06-2003    passed     in
Crl.A.No.33/2012 on the file of Sessions Judge, Kodagu at
                                              Crl.R.P.No.637/2013
                              2


Madikeri which judgment has arisen out of the judgment and
order of sentence passed in C.C.No.1823/2008 dated
25-04-2012 on the file of Additional Civil Judge and JMFC,
Madikeri, by allowing this revision with costs and grant such
other and further reliefs as this Hon'ble Court deems fit and
proper under the circumstances of this case in the interest of
justice and equity.
      This Criminal Revision Petition coming on for Orders,
through Physical Hearing/Video Conferencing Hearing this day,
the Court made the following:

                         ORDER

Called again in the afternoon.

2. Learned counsel for the petitioner is physically

present and files a memo, seeking dismissal of this revision

petition as does not survive by virtue of the death of the

petitioner herein.

3. The learned counsel for the petitioner has also

filed one more memo dated 18-04-2022, reporting the

death of the petitioner on the date 28-10-2013 and also has

filed a true copy of the alleged death certificate of the

petitioner.

4. In view of the memo and the supporting

submission from the learned counsel for petitioner, when

the sole petitioner is reported to be dead and legal Crl.R.P.No.637/2013

representatives of the deceased petitioner are not brought

on record, though the petition becomes abated, however, as

requested in the memo filed today, the petition stands

dismissed as does not survive.

Sd/-

JUDGE

BMV*