Citation : 2023 Latest Caselaw 7389 Kant
Judgement Date : 30 October, 2023
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NC: 2023:KHC:38444
CRL.RP No. 979 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 979 OF 2015
BETWEEN:
AJJU @ AJURUDDIN
AGED ABOUT 21 YEARS,
S/O IBRAHIM,
R/AT KUKKATE SITE HOUSE,
MOGARU VILLAGE, MANGALURU TALUK,
MANGALORE -575 001
...PETITIONER
(BY SRI. KARUNAKARA P., ADVOCATE)
AND:
THE STATE BY
BAJPE POLICE STATION
REPRESENTED BY
Digitally STATE PUBLIC PROSECUTOR,
signed by
SUMITHRA R ATTACHED TO THE OFFICE OF
ADVOCATE GENERAL, HIGH COURT,
Location:
HIGH COURT BANGALORE- 560 001
OF ...RESPONDENT
KARNATAKA (BY SMT.N.ANITHA GIRISH, HCGP)
THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C, PRAYING
TO SET ASIDE THE JUDGMENT DATED 26.2.2015 PASSED BY
THE IV ADDL. DIST. AND S.J., D.K., MANGALURU IN
CRL.A.NO.381/2013 AND THE JUDGMENT DATED 13.11.2013
PASSED BY THE J.M.F.C. (II COURT), MANGALORE IN
C.C.NO.4235/2011 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:38444
CRL.RP No. 979 of 2015
ORDER
Sri.Karunakara P, learned counsel for the Revision
Petitioner and learned High Court Government Pleader for
the respondent are present before the Court.
2. This Court by order dated 13.10.2023 has
rejected the memo filed by learned counsel for the
Revision Petitioner by detailed order and directed the
learned High Court Government Pleader to submit the
report by obtaining necessary information from the jail
authority as to how many days the Revision Petitioner was
in custody, so far as it relates to this case.
3. The learned High Court Government Pleader
filed report by Superintendent of Police, district prison,
Mangaluru, along with documents.
4. Learned counsel for the Revision Petitioner filed
memo dated 30.10.2023 stating that, since the Revision
Petitioner has undergone the period of sentence as
NC: 2023:KHC:38444 CRL.RP No. 979 of 2015
ordered by the Trial Court and he has instructions from the
petitioner for getting the dismissal of the revision petition.
The memo filed by the learned counsel for the
Revision Petitioner is accepted and revision petition is
dismissed as not pressed.
5. It is submitted that in view of the order of this
Court dated 05.09.2023 the accused was arrested and he
is in the Judicial Custody. In view of dismissal of the
revision petition as withdrawn, the Revision
Petitioner/accused is ordered to be released, if he is not
required in any other case.
SD/-
JUDGE
GSR
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