Kuber S/O. Somaji Kalal vs Yusuf Kunnibhai
2023 Latest Caselaw 741 Kant

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                                                        CRL.RP No. 100045 of 2014


                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 11TH DAY OF JANUARY, 2023

                                               BEFORE
                         THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                        CRIMINAL REVISION PETITION NO. 100045 OF 2014

                      BETWEEN:
                      KUBER S/O. SOMAJI KALAL
                      AGE: 56 YEARS, OCC: BUSINESS,
                      R/O. NEHRU, MARKET,
                      DHARWAD.
                                                                     ...PETITIONER
                      (BY SRI NARAYAN G. RASALKAR, ADVOCATE)

                      AND:
                      YUSUF KUNNIBHAI
                      AGE: MAJOR, OCC: BUSINESS,
                      R/O. SRIRAM NAGAR, ATTIKOLLA
                      NEAR GADAI FLOOR MILL,
                      DHARWAD.
                                                                    ...RESPONDENT
                      (BY SRI ANAND D. BAGEWADI, ADVOCATE)
                            THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
                      401 OF CR.P.C. SEEKING TO EXAMINE THE PROCEDURE FOLLOWED,
                      THE LEGALITY, THE PROPRIETY, THE CORRECTNESS OF THE
                      IMPUGNED JUDGMENT AND ORDER RENDERED IN CRL.A.NO.55/2012
Digitally signed by
SUJATA SUBHASH
                      PASSED BY THE PRL. DIST. & SESSIONS JUDGE, DHARWAD, ON
PAMMAR
Location: HIGH
COURT OF
                      16.01.2014 AND TO EXAMINE THE PROCEDURE FOLLOWED, THE
KARNATAKA,
DHARWAD BENCH,
DHARWAD.              LEGALITY, THE PROPRIETY, THE CORRECTNESS OF THE IMPUGNED
                      JUDGMENT AND ORDER RENDERED IN CRL.A.NO.55/2012 PASSED
                      BY THE PRL. DIST. & SESSIONS JUDGE, DHARWAD, IN REGARD TO
                      THE REJECTION OF THE APPLICATION FOR PRODUCTION OF
                      ADDITIONAL EVIDENCES MADE BY THE PETITIONER AT THE APPEAL
                      STAGE. AND TO SET ASIDE THE ORDER OF ACQUITTAL PASSED BY
                      THE PRL. CIVIL JUDGE & PRL. JMFC COURT, DHARWAD IN
                      C.C.NO.582/2009 AND TO REMAND THE CASE TO THE SAID COURT
                      BY PERMITTING THE PETITIONER TO PRODUCE ADDITIONAL
                      EVIDENCES AS MADE OVER IN HIS APPLICATION U/S OF THE
                      CR.P.C. AND TO STAY THE OPERATION OF THE IMPUGNED
                      JUDGMENT AND ORDERS OF THE LOWER COURT.
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                                   CRL.RP No. 100045 of 2014


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

                          ORDER

The learned counsel for the revision petitioner has

filed a memo for withdrawal of the petition and seeking

liberty to file an appeal challenging the judgment of

conviction passed in C.C.No.582/2009 dated 12.03.2012

on the file of the Principal Civil Judge and Principal JMFC.,

Dharwad.

The memo is placed on record.

In view of the memo, the revision petitioner is

permitted to withdraw the petition with a liberty to file an

appeal as prayed for subject to limitation issue.

Sd/-

JUDGE

SSP