Smt Savithri vs Smt A Catherine
2022 Latest Caselaw 12589 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF OCTOBER 2022

                           BEFORE

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

    CRIMINAL REVISION PETITION No. 776 OF 2013

BETWEEN:

Smt.Savithri,
W/o Late Krishnappa,
Aged about 46 years,
R/at No.88, 3rd Cross,
Lakshmipura,
Kempegowda Nagar,
Bangalore- 560019.
                                                .. Petitioner

 ( By Sri. Uma Shankar M.N., Advocate )

AND:

Smt. A. Catherine,
W/o Shanthappa Raju,
Aged about 40 years,
R/at No.117, 2nd Cross,
1st Main Road,
Kempegowda Nagar,
Bangalore- 560019.
                                               .. Respondent

( By Sri. K.V.Harish, Advocate )

      This Criminal Revision Petition is filed under Section 397
read with Section 401 Cr.P.C. praying to set aside the Judgment
and Order dated 20.08.2013 in Crl.A.No.161/2013 passed by
the Court of the V Addl. City Civil and Sessions Judge, C/c of
F.T.C.9, Bangalore; Set aside the Judgment and Order dated
19.02.2013 in C.C No.15658/2006 passed by the Court of the
                                                Crl.R.P.No.776/2013
                               2


XII Addl. Chief Metropolitan Magistrate at Bangalore and Pass
such other order/s as this Hon'ble Court deems fit on the
circumstances of the case in the interest of justice and equity.

      This Criminal Revision Petition is coming on for Orders
through Physical Hearing/Video Conferencing Hearing, this day
the Court made the following:

                            ORDER

Learned counsel for the petitioner and learned High

Court Government Pleader for the respondent are

physically present.

2. Learned High Court Government Pleader to whom

a direction was given on the previous date of hearing to

ascertain the alleged fact that the petitioner is dead has

filed a police report along with a copy of the death

certificate. The said report and the death certificate shows

that the petitioner Smt.Savithri is shown to have been

dead on 08.10.2021.

3. Learned counsel for the petitioner submits that,

since the petitioner is dead and the details of her legal Crl.R.P.No.776/2013

representatives are not forthcoming, the petition be

treated as abated.

4. In view of the above, the petition stands abated.

Sd/-

JUDGE

SKS