Sri Devaraju vs Sri Nagaiah
2024 Latest Caselaw 6655 Kant

Karnataka High Court

Sri Devaraju vs Sri Nagaiah on 6 March, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                             -1-
                                                            NC: 2024:KHC:9454
                                                    CRL.P No. 5147 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF MARCH, 2024

                                          BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                             CRIMINAL PETITION NO. 5147 OF 2017
                   BETWEEN:

                      SRI. DEVARAJU,
                      AGED ABOUT 75 YEARS,
                      R/O NIDUVANI VILLAGE,
                      HALLI MYSORE HOBALI,
                      HOLENARASIPURA TALUK - 573 211.
                                                                ...PETITIONER
                   (BY SRI. S.B. MUKKANNAPPA, ADVOCATE)

                   AND:

                      SRI. NAGAIAH,
                      AGED ABOUT 66 YEARS,
                      S/O KALA,
                      R/O HIREBELAGULI VILLAGE,
Digitally signed      HALEKOTE HOBLI,
by
NARAYANAPPA           HN PURA TALUK,
LAKSHMAMMA            RTD. EMPLOYEE OF CIVIL JUDGE (JRDN)
Location: HIGH
COURT OF              CHANNARAYAPATTANA - 573 116.
KARNATAKA
                                                               ...RESPONDENT
                         THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT DATED 16.07.2011 PASSED IN
                   P.C.R.NO.01/2004 PASSED BY THE CIVIL JUDGE (SR.DN.) AND
                   J.M.F.C., HOLENARASIPURA AND AS WELL AS THE ORDER
                   DATED 07.06.2012 PASSED IN CRL.RP.NO.119/2011 BY THE
                   DISTRICT    AND    SESSIONS    JUDGE,  HOLENARASIPURA
                   CONSEQUENTLY ALLOW THE PCR NO.01/2014 UNDER THE
                   FACTS AND CIRCUMSTANCES OF THE CASE.
                                     -2-
                                                        NC: 2024:KHC:9454
                                               CRL.P No. 5147 of 2017




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

                                   ORDER

1. The petitioner is before this Court seeking for the following

reliefs:

(a) Call for records on the file of the FTC and Sessions Judge, Holenarasipura, in PCR No.01/04.

(b) Set aside the judgment dated 16.07.2011 passed in PCR No.01/04 passed by the JMFC, Holenarasipura and as well as the order dated 07.06.2012 passed in CR.R.P. No.119/2011 by the FTC and Sessions Judge, at Holenarasipura consequently allow the PCR No.01/2014 under the facts and circumstances of the case.

2. Learned counsel for the petitioner submits that both the

petitioner and the respondent are expired. If that be so, there

would nothing be survives for consideration. As such, the

petition stands disposed of.

Sd/-

JUDGE

YKL

CT:SNN