High Court dismissed a criminal revision petition as infructuous on the death of the petitioner. While the appeal abated under Cr.P.C., the fine survived as it was already paid. The petition was declared redundant.
Criminal Revision Petition dismissed as infructuous on death of petitioner; trial records returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22nd DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO.2119/2012
BETWEEN:
CHANNAPPA, S/O VEERPANNA DIVATAR AGED ABOUT YEARS, OCC: BUSINESS R/O NEAR M.B. DIVATAR HOUSE, KOPPAL, TAL AND DIST. KOPPAL.
.. PETITIONER
(BY SRI. M.B. GUNDAWADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA, BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, CIRCUIT BENCH, DHARWAD.
.. RESPONDENT
(BY SRI.RAMESH B. CHIGARI, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 9.9.2011 PASSED BY THE JMFC, KOPPAL IN CC NO.505/2009 WHICH WAS CONFIRMED BY THE SESSIONS JUDGE, KOPPAL CRL.A.NO.37/2011 ON 3.4.2012 FOR THE ALLEGED OFFENCE UNDER SECTIONS 3, 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND PASS ANY ORDER THAT THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE.
2
THIS PETITION COMING ON FOR HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The learned counsel for the petitioner/accused No.2 filed a memo reporting the death of the petitioner. Along with the memo, the counsel has also produced the death certificate of the petitioner, which shows that the petitioner died on 15.09.2014.
3
However, as per Section 394(2) of Cr.P.C., the sentence of fine imposed will not abate. It is seen from the records that the petitioner has already paid the fine amount before the trial Court on 22.05.2012.
Therefore, in view of the aforesaid facts, the Criminal Revision Petition is dismissed as having become infructuous on the death of the petitioner.
The Registry is directed to send back the trial Court Records to the Court concerned.
JUDGE
kmv
2 issues framed by the court
Whether the criminal revision petition by a deceased petitioner is maintainable after abatement of the underlying appeal.
Whether the fine component of the sentence survives the death of the accused under Section 394(2) Cr.P.C.
5 provisions across 2 enactments
Channappa
The State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
