B H Ismail vs The State Of Karnataka
2023 Latest Caselaw 7655 Kant

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                                                       NC: 2023:KHC:40531
                                                  CRL.RP No. 1014 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 10TH DAY OF NOVEMBER, 2023

                                      BEFORE
                       THE HON'BLE MR JUSTICE ANIL B KATTI
                  CRIMINAL REVISION PETITION NO. 1014 OF 2014 (397)
             BETWEEN:
             1.   B H ISMAIL
                  S/O HUSSAIN SAHEB,
                  AGED ABOUT 40 YEARS,
                  R/AT INDABETTU VILLAGE,
                  BETHANGADY TALUK,
                  D K DISTRICT-574 214


                                                           ...PETITIONER
             (BY SRI. B LETHIF, ADVOCATE)

             AND:
             1.   THE STATE OF KARNATAKA,
                  REPRESENTED BY THE BELTHANGADY,
                  POLICE STATION,
Digitally         BETHANGADY TALUK,
signed by         D K DISTRICT-574 214.
SUMITHRA R
Location:
HIGH COURT
OF
KARNATAKA                                                ...RESPONDENT
             (BY SMT. ANITHA N GIRISH, HCGP)

                    THIS CRL.RP FILED U/S.397 AND 401 CR.P.C BY THE
             ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
             HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
             JUDGMENT AND ORDER DATED:12.11.14 PASSED BY THE VI
             ADDL. DIST AND S.J., MANGALORE C/C IN CRL.A.NO.62/13
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                                               NC: 2023:KHC:40531
                                       CRL.RP No. 1014 of 2014




AND JUDGMENT AND ORDER DATED:22.01.13 PASSED BY
THE C.J. AND JMFC, BELTHANGADY, D.K. IN C.C.NO.836/2012
AND ETC.,

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                             ORDER

Sri. Sagar. N, learned counsel representing Sri. B Lethif,

learned counsel for revision petitioner is present.

2. Smt. Anitha N Girish, learned HCGP for respondent is

present.

3. Revision petitioner/accused was reported to be dead

and this Court by order dated 10.10.2023 had directed

jurisdictional police to verify the same and submit the report

regarding the death of revision petitioner.

4. Revision petitioner/accused is challenging the

concurrent findings of the both the courts below in convicting

him for the offence punishable under Section 138 of N.I. Act.

5. Learned HCGP files the report of Police Sub-Inspector

of jurisdictional Police Station alongwith the xerox copy of

death extract of revision petitioner/accused and he is reported

to be dead on 17.03.2019.

NC: 2023:KHC:40531 CRL.RP No. 1014 of 2014

6. Perused the death extract of the revision

petitioner/accused and verified the same with the Trial Court

records and the same matches.

Hence, in view of the death of revision petitioner/accused

the case against him is ordered to abated. Accordingly, the

revision petition is ordered to be disposed.

SD/-

JUDGE

RL