Sri R Eshwara vs Mrs Tara U Shetty
2024 Latest Caselaw 1392 Kant

Karnataka High Court

Sri R Eshwara vs Mrs Tara U Shetty on 16 January, 2024

                                                 -1-
                                                               NC: 2024:KHC:2029
                                                          CRL.RP No. 967 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 16TH DAY OF JANUARY, 2024
                                              BEFORE
                              THE HON'BLE MR JUSTICE G BASAVARAJA
                          CRIMINAL REVISION PETITION NO. 967 OF 2017


                      BETWEEN:

                      SRI R ESHWARA
                      S/O LAXMANRAJ,
                      R/AT LAXMI SADANA MAIN ROAD,
                      GURUPURA, MANGALURU-575003.
                                                                   ...PETITIONER
                      (BY MISS. THANIMA BEKAL, ADV. FOR
                       SRI. HAREESH BHANDARY .T, ADV.)
                      AND:

                      MRS TARA U SHETTY
                      W/O UDAYA RAVI SHETTY,
                      RESIDING AT MAHALAXMI NILAYA
                      DAMBEL, ASHOKANAGARA,
                      MANGALURU-575003.
                                                                  ...RESPONDENT
Digitally signed by
SANDHYA S             (BY SRI. JEEVAN K ., ADVOCATE)
Location: High
Court of Karnataka
                           THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
                      TO SET ASIDE THE JUDGMENTAND ORDER OF CONVICTION
                      DATED 30.07.2017 MADE IN C.C.NO.5312/2012 BY THE COURT
                      OF IV J.M.F.C., MANGALORE AND JUDGMENT AND ORDER
                      DATED 31.03.2017 MADE IN CRL.A.NO.289/2013 BY THE
                      COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS
                      JUDGE, DAKSHINA KANNADA, MANGALORE AND ACQUIT THE
                      PETITIONER.

                           THIS PETITION, COMING ON FOR FINAL HEARING, THIS
                      DAY, THE COURT MADE THE FOLLOWING:
                              -2-
                                              NC: 2024:KHC:2029
                                         CRL.RP No. 967 of 2017




                           ORDER

Both counsel present.

2. It is submitted by the learned counsel for

respondent that the revision petitioner/accused passed

away in the year 2021. In view of death of the revision

petitioner, the case against him is abated.

3. The complainant is permitted to withdraw the

amount which is deposited by the accused and the Trial

Court is directed to release the amount in favour of the

complainant in accordance with law. Accordingly, the

Registry is directed to send trial court records along with a

copy of this order to the Trial Court.

Sd/-

JUDGE

SSD