C. Malleshnaik vs K Lokeshwarappa
2023 Latest Caselaw 815 Kant

                                        -1-
                                                CRL.RP No. 1463 of 2018




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 12TH DAY OF JANUARY, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
               CRIMINAL REVISION PETITION NO. 1463 OF 2018
            BETWEEN:

            C. MALLESHNAIK
            S/O CHANDRANAIK,
            AGED ABOUT 38 YEARS,
            R/AT RANGGAVVANAHALLI VILLAGE,
            MADADAKERE HOBLI,
            HOSADURGA TALUK,
            CHITRADURGA DISTRICT-577422.

                                                           ...PETITIONER
            (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE (ABSENT))

            AND:

            K. LOKESHWARAPPA
            S/O KARIYAPPA,
            AGED ABOUT 56 YEARS,
            R/AT ARALIHALLI VILLAGE,
            KASABA HOBLI,
            HOSADURGA TALUK,
Digitally   CHITRADURGA DISTRICT-577420.
signed by
SUMA
Location:                                                 ...RESPONDENT
HIGH
COURT OF    (BY SRI. SHIVANANDA S., ADVOCATE)
KARNATAKA

                  THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
            SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
            PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
            06.10.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT
            HOSADURGA IN C.C.NO.5/2014 AND ORDER DATED 19.11.2018
            PASSED BY THE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS
            JUDGE, HOSADURGA IN CRIMINAL APPEAL NO.74/2016 AND ACQUIT
            THE PETITIONER BY ALLOWING THE APPEAL.
                                  -2-
                                         CRL.RP No. 1463 of 2018




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

Learned counsel for the respondent submits that the

petitioner - accused has expired and has placed on record a

photocopy of the death certificate of the petitioner.

2. There is no appearance for the petitioner.

3. Hence, the revision petition is disposed off as

having abated.

4. Any amount in deposit is ordered to be released in

favour of the respondent.

5. The Registry is directed to return the records of the

Trial Court to enable it to release the amount in deposit to the

respondent.

Sd/-

JUDGE

SMA