Sri Haider vs State Of Karnataka
2024 Latest Caselaw 26794 Kant

Karnataka High Court

Sri Haider vs State Of Karnataka on 8 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                   NC: 2024:KHC:45362
                                              CRL.RP No. 1051 of 2024




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 8TH DAY OF NOVEMBER, 2024

                                   BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
              CRIMINAL REVISION PETITION NO. 1051 OF 2024
           BETWEEN:

           SRI. HAIDER,
           S/O DODDASHEK BERI,
           AGED 40 YEARS,
           MATASAGARA VILLAGE,
           SAKALESHAPURA TALUK,
           HASSAN DISTRICT - 573 134.
                                                        ...PETITIONER
           (BY SRI. YADUNANDAN N, ADVOCATE)

           AND:

          STATE OF KARNATAKA
          BY TOWN POLICE, SAKALESHAPURA,
          HASSAN - 573 134,
          REPRESENTED BY ITS SPP,
Digitally
signed by HIGH COURT BUILDING,
MALATESH BANGALORE - 01, KARNATAKA.
KC
                                                    ...RESPONDENT
Location:
HIGH      (BY SMT. WAHEEDA M.M, HCGP)
COURT OF
KARNATAKA      THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C (U/S
           438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT
           AND ORDER DATED 25.10.2023 PASSED IN CRL.A.NO.60/2023
           ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS
           JUDGE AT HASSAN IN SETTING ASIDE THE ORDER OF
           SENTENCE DATED 15.03.2023 PASSED IN CC.NO.5/2022 ON
                               -2-
                                           NC: 2024:KHC:45362
                                      CRL.RP No. 1051 of 2024




THE FILE OF CIVIL JUDGE AND JMFC, SAKALESHPURA AND
REMANDING THE MATTER BACK TO THE TRIAL COURT, BY
ALLOWING THE CRIMINAL RP.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL ORDER

1. Heard the learned counsel Sri. Yadunandan

and learned HCGP for the respondent-State.

2. The revision petitioner is challenging the

order passed in the First Appellate Court in

Crl.A.No.60/2023 whereby the Order of the Trial

Magistrate convicting the accused for the offence

punishable under Sections 4 and 12 of Karnataka

Prevention of Cow Slaughter and Cattle Preservation

Act, whereby the learned Trial Magistrate imposed fine

of Rs.5,000/- and ordered imprisonment for a day till

raising of the Court is set-aside.

NC: 2024:KHC:45362

3. The reason assigned by the learned Judge in

the First Appellate Court for remitting the matter to

the Trial Court with regard to the passing fresh order

on the question of sentence is that the statute

provides for minimum punishment and without

noticing the same, the Trial Magistrate has ordered

punishment which is lesser than the minimum

punishment prescribed by the Statute.

4. This Court does not find any good grounds

to interfere with the said order.

5. Accordingly, the criminal revision petition is

dismissed.

Sd/-

(V SRISHANANDA) JUDGE

SNC

CT: BHK