Venkatesh M vs Arun Kumar
2022 Latest Caselaw 11814 Kant

Citation : 2022 Latest Caselaw 11814 Kant
Judgement Date : 13 September, 2022

Karnataka High Court

Venkatesh M vs Arun Kumar on 13 September, 2022

Bench: Mohammad Nawaz

                             1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF SEPTEMBER, 2022

                           BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

   CRIMINAL REVISION PETITION NO.499 OF 2020

BETWEEN

VENKATESH.M,
AGED ABOUT 80 YEARS,
S/O LATE MUNIVENKATAPPA,
RESIDING AT NO.410,
12TH CROSS,
UPPER PALACE ORCHARDS,
BANGALORE - 560 080                        ... PETITIONER

[BY SRI. PRAVEEN.C., ADVOCATE]

AND

ARUN KUMAR,
S/O LATE A.V. THANDAVARAYAN,
AGED ABOUT 37 YEARS,
RESIDING AT NO.19, 5TH CROSS,
WILSON GARDEN,
BENGALURU - 560 027                      ... RESPONDENT

[BY SRI. KIRAN KUMAR.K. , ADVOCATE]


                            ***

     THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 11.09.2018 PASSED BY THE
LEARNED XX A.C.M.M., AT BENGALURU IN C.C.NO.21050/2015
AND ALSO THE JUDGMENT AND ORDER DATED 29.05.2020
PASSED IN CRL.A.NO.1999/2018 BY THE LEARNED LXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU
ACQUIT THE PETITIONER.
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      THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:



                             ORDER

The learned counsel for the respondent has filed a memo stating that during the pendency of this case, the petitioner has expired. He has also filed I.A.No.1/2021 for direction to release the amount which is deposited by the petitioner before the trial Court in favour of respondent/complainant.

2. The learned counsel for petitioner has acknowledged the death of the petitioner. He submits that the connected Crl.RP No.442/2020 filed by the very same petitioner has been dismissed as abated, noticing the death of the petitioner. Therefore, submits that in view of the death of the petitioner, this revision petition may be dismissed as abated.

3. In view of the above submission, the petition is dismissed as abated.

4. The amount in deposit before the trial Court shall be released in favour of the complainant after deducting a sum of `5,000/- (Rupees Five Thousand only), which shall be defrayed to the State for the

expenses incurred in the prosecution, as per the order of the trial Court.

Sd/-

JUDGE

HB/-