Basavaraj vs Mallikarjun
2024 Latest Caselaw 27281 Kant

Karnataka High Court

Basavaraj vs Mallikarjun on 13 November, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                          -1-
                                                      NC: 2024:KHC-D:16569
                                                CRL.RP No. 100120 of 2016




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                        BEFORE

                   THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

                   CRIMINAL REVISION PETITION NO. 100120 OF 2016
                               (397(Cr.PC)/438(BNSS))
                 BETWEEN:
                 BASAVARAJ S/O. NEELAPPA NADAHALLI,
                 AGE: 66 YEARS, OCC: AGRICULTURE,
                 R/O: SAUNSHI, TQ: KUNDGOL,
                 DIST: DHARWAD.
                                                             ...PETITIONER
                 (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)
                 AND:
                 MALLIKARJUN S/O. MUDAKAPPA BHAVIKATTI,
                 AGE: 53 YEARS, OCC: PRIVATE SERVICE,
                 R/O: LAXMESHWAR, TQ: SHIRAHATTI,
                 DIST: GADAG.
MALLIKARJUN
RUDRAYYA
                                                            ...RESPONDENT
KALMATH
                 (BY SRI. NAVEEN CHATRAD, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
                      THIS CRIMINAL REVISION PETITION IS FILED UNDER
BENCH
                 SECTION 397 READ WITH SECTION 401 OF CR.P.C. SEEKING
                 TO CALL FOR RECORDS, PERUSE THE SAME AND SET ASIDE
                 THE JUDGMENT DATED 26/03/2016 PASSED BY THE LEARNED
                 ADDITIONAL DISTRICT AND SESSION JUDGE, GADAG IN CRL.
                 A NO. 40/2015 AND THE JUDGMENT DATED 28/05/2015
                 PASSED BY THE LEARNED JUDICIAL MAGISTRATE FIRST
                 CLASS, LAXMESHWAR IN C.C.NO.72/2011.

                      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                 THE COURT MADE THE FOLLOWING:
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                                                  NC: 2024:KHC-D:16569
                                          CRL.RP No. 100120 of 2016




                              ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

There is no representation on behalf of the

petitioner/accused. Learned counsel for the respondent/

complainant is present.

2. It is seen vide order dated 28.10.2024 that due to

non appearance of the petitioner, Court notice came to be

issued on 23.09.2024, which was returned with

endorsement as 'petitioner is deceased' along with a copy

of Death Certificate.

3. It is seen that petitioner died on 16.10.2021,

however no steps are taken to bring the legal

representatives of petitioner on record to prosecute the

matter further. This Court granted one last opportunity on

28.10.2024 to facilitate the legal representatives of

petitioner or counsel for petitioner to take steps to bring

the legal representatives of deceased-petitioner on record.

Today also there is no representation on behalf of the

NC: 2024:KHC-D:16569

petitioner. No steps are taken. Under the circumstances,

this petition is dismissed for non prosecution.

4. In compliance of the order dated 17.06.2016, the

petitioner deposited 25% of the fine amount i.e.,

Rs.47,250/- and Rs.49,000/- before this Court.

5. The respondent/complainant is at liberty to

withdraw the said amount and he would also be at liberty

to enforce the order in the manner known to law for

recovery of the amount.

Ordered accordingly.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

CKK CT-MCK