High Court at Bengaluru disposed of a revision petition seeking to set aside a conviction and awarding acquittal without hearing, due to the petitioner depositing the decretal amount during pendency.
Revision petition disposed of without hearing; trial court directed to release deposited amount to respondent.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019
BEFORE
THE HON’BLE MR.JUSTICE P.B. BAJANTHRI
Crl.RP No.125/2019
BETWEEN:
Sri Mohammed Idris @ Itli Idris s/o Mohammad Khaleel Aged about 42 years r/o Micro Service Door No.25, Unit No.F2, F3, F4, F5 First Floor, National Plaza Opp. Parmount Hotel Residency Road Bengaluru-560025.
Also at
c/o M K Engineering Work situated at 4th Cross, Lalbagh Road, Bengaluru-560027. … Petitioner
(By Sri Yaswanth Sajjanagoudar, Advocate)
AND:
Abdul Hakeem @ Sardar s/o late Abdul Jabbar r/a No.50, Ameen Residence Kenchappa Road 4th Cross, Frazer Town Bengaluru – 560005. ... Respondent
(By Sri A S Kulkarni, Advocate)
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This petition is filed under Section 397 R/W 401 Cr.PC, praying to set aside the judgment and order dated 12.6.2018 passed by the Hon’ble XVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru in Criminal Appeal No.25009/2018 confirming the judgment and order passed on 16.1.2018 by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru in C.C.No.54519/2017 and acquit the petitioner.
This petition is coming on for admission this day, the Court made the following:-
ORDER
During pendency of the present revision petition,
petitioner is stated to have deposited the sum mentioned in the order dated 16.1.2018 in CC No.54519/2017 passed by the XIV Additional Chief Metropolitan Magistrate, Bengaluru. It is not disputed by the learned counsel for the respondent. In view of these developments, petitioner is not insisting for deciding the present revision petition. Accordingly, revision petition stands disposed of.
Learned XIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby directed to disburse
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the amount to the respondent in terms of the order dated 16.1.2018 at the earliest.
Sd/JUDGE
Bkm
1 issue framed by the court
Whether the revision petition pending under Section 397 CrPC requires hearing after deposit made during pendency.
1 provisions across 1 enactments
Sri Mohammed Idris @ Itli Idris
Abdul Hakeem @ Sardar
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
