Mr. K. Abdul Shukur vs Mr. Haji S Mohammad
2023 Latest Caselaw 1302 Kant

                                         -1-
                                                 CRL.RP No. 146 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 14TH DAY OF FEBRUARY, 2023

                                      BEFORE
                        THE HON'BLE MR JUSTICE R. NATARAJ
                   CRIMINAL REVISION PETITION NO. 146 OF 2023
             BETWEEN:

             MR. K. ABDUL SHUKUR
             (OR ABDUL SHAKOOR)
             AGED ABOUT 59 YEARS,
             FISH BUSINESSMEN AND PRESIDENT OF
             SOUTH KARNATAKA SALAFI MOVEMENT,
             SAGAR UNIT,
             R/AT NAVAYATH COLONY,
             BADRIYA MASJID, 2ND CROSS,
             SAGAR, SHIVAMOGGA-577 401.
                                                           ...PETITIONER
             (BY SRI. NOOR MOHAMMED, ADVOCATE)

             AND:

             1.    MR. HAJI S MOHAMMAD
                   S/O SRI. HYDER SAB,
                   AGED ABOUT 61 YEARS,
                   PRESIDENT,
Digitally          MASJID-E-AISHA AND AISHA
signed by          MADRASA ADMINISTRATION COMMITTEE,
SUMA
                   AND RESIDING AT
Location:
HIGH COURT         GULAM MOHIYUDDIN ROAD,
OF                 SAGAR, SHIVAMOGGA DISTRICT.
KARNATAKA
             2.    SRI. J.HUSSAIN SAB
                   S/O J. YUSUF SAB
                   AGED ABOUT 79 YEARS,
                   PRESIDENT,
                   AL-MASJID-NOOR AND MADRASA
                   DINUL ISLAM
                   ADMINISTRATION COMMITTEE,
                   RESIDING AT JANATHA NAGAR,
                   MAIN ROAD, SAGAR POST.
                                                         ...RESPONDENTS
                                 -2-
                                           CRL.RP No. 146 of 2023




      THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
09.01.2023 PASSED BY THE LEARNED I ADDL.CIVIL JUDGE AND
J.M.F.C AT SHIVAMOGGA IN C.C.NO.5174/2013 AND CONVICT THE
ACCUSED UNDER SECTIONS 500 AND 501 OF IPC.

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

The petitioner has challenged the judgment of acquittal

dated 09.01.2023 passed by I Additional Civil Judge and

J.M.F.C, Shivamogga in C.C.No.5174/2013. Since, a revision

petition under Section 397 read with Section 401 of Cr.P.C. is

not maintainable, the office objection raised regarding

maintainability of this revision petition is upheld. Consequently,

this revision petition is dismissed.

However, it is open for the petitioner to avail remedy of

an appeal in accordance with law.

The time consumed in pursing this revision petition shall

be deducted while calculating limitation applicable to appeals.

Sd/-

JUDGE PK