Karnataka High Court
Hasansab S/O Mehaboob Sab Kanalli vs The State Of Karnataka on 16 October, 2024
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CRL.RP No. 100394 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL REVISION PETITION NO. 100394 OF 2022
BETWEEN:
HASANSAB S/O MEHABOOB SAB KANALLI
AGE. 38 YEARS, OCC. CARPENTER
R/O. TALLIKERI, TQ. YELLAPUR
DIST. UTTAR KANNADA - 581 359.
...PETITIONER
(BY SRI. A P HEGDE JANMANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR
DHARWAD BENCH - 580 011.
THROUGH THE YALLAPUR P.S.
...RESPONDENT
(BY SMT. KIRTILATA R PATIL, HCGP)
Digitally signed
by
SREEDHARAN
BANGALORE THIS CRIMINAL REVISION PETITION FILED UNDER
SUSHMA
LAKSHMI SECTION 397 R/W 401 OF CR.PC., SEEKING TO SET ASIDE THE
Location: HIGH IMPUGNED JUDGMENT PASSED BY FIRST ADDITIONAL
COURT OF
KARNATAKA DISTRICT AND SESSIONS JUDGE, U.K.. KARWAR SITTING AT
SIRSI IN CRIMINAL APPEAL NO. 5003/2022 DATED 13.07.2022
AND CONFIRM THE JUDGMENT OF ACQUITTAL DATED
01.09.2021 SO PASSED BY CIVIL JUDGE AND JMFC YELLAPUR
IN C.C.NO. 223/2020 FOR THE OFFENCE P/U/S 323, 354, 506
OF IPC.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
16.07.2024 COMING ON FOR PRONOUNCEMENT OF ORDER
THIS DAY, THIS COURT MADE THE FOLLOWING:
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CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This Criminal Revision Petition is filed by the petitioner
/ accused seeking to set aside the impugned judgment
dated 13.07.2022 in Criminal Appeal No.5003/2022
passed by the I Additional District and Sessions Judge,
U.K., Karwar, Sitting at Sirsi, and confirm the
judgment of acquittal dated 01.09.2021 in
C.C.No.223/2020 on the file of the Civil Judge and
J.M.F.C., Yellapur, wherein the Trial Court acquitted
the petitioner for the offences punishable under
Sections 323, 354, 506 of Indian Penal Code (for short
"IPC").
2. The Appellate Court on 13.07.2022 in Criminal Appeal
No.5003/2022 passed the following order:-
"The Criminal Appeal filed by the State is hereby
allowed.
Consequently, the judgment of acquittal passed
by Civil Judge and J.M.F.C., Yellapur in
C.C.No.223/2020 dated 01.09.2021 is hereby set
aside.
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Consequently, the present case is remanded to
Trial Court, with a direction to provide sufficient
opportunity to both parties and to dispose of the case
on merits in accordance with law.
Send back the Trial Court Records along with
copy of this judgment forthwith."
3. Being aggrieved by the same, the accused has
preferred this revision petition seeking to set aside the
order of remand passed by the Appellate Court. The
matter is now pending before the Trial Court for
adjudication.
4. Heard Shri A.P.Hegde Janmane, learned counsel for
the petitioner and Smt. Kirtilata R Patil, learned High
Court Government Pleader for the respondent.
5. It is the submission of learned counsel for the
petitioner that the order setting aside the judgment of
acquittal passed by the Trial Court is erroneous and
not appropriate. Hence, the same is liable to be set
aside.
6. It is further submitted that the Appellate Court while
assigning the reasons for remanding the matter to the
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Trial Court, observed that though P.W.1 has turned
hostile, her evidence in the chief examination as well
as in the cross-examination clearly shows that she has
supported the case of the prosecution in respect of the
incident. Further, the Trial Court considering the
evidence of PWs.2 and 3 who are the spot mahazar
witnesses opined that their evidence relating to the
spot mahazar was unambiguous and satisfactory. The
evidence of P.W.4 who is an independent witness is
very clear that the accused was assaulting P.W.1 and
he interfered with the quarrel to pacify it and
ultimately it was pacified. The evidence of PWs.1 and
4 is very clear that the incident had taken place and
accused assaulted P.W.1.
7. In addition to that, the prosecution has failed to
examine other official witnesses for the purpose of
ascertaining the truth or otherwise. Therefore, the
order of remanding the matter before the Trial Court
for fresh consideration appears to be appropriate and
proper. Therefore, interference with the order of the
Appellate Court would not arise.
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8. Hence, I proceed to pass the following:-
ORDER
(i) The Criminal Revision Petition stands
dismissed.
(ii) The Trial Court is directed to conclude the
proceedings expeditiously.
(iii) Registry is directed to send the records along
with a copy of this order to the Trial Court for
necessary action.
Sd/-
(S.RACHAIAH)
JUDGE
Bss
