Dismissed

Smt Pushpa Prabhakar v. Shriram Chits Karnataka Ltd.

Karnataka HC30 Sept 2021CRL.RP/452/2019

Case brief

AI extract

What is this about?

Criminal Revision Petition filed under Cr.P.C. Sections 397/401 to set aside conviction and sentence filed after the petitioner's death was dismissed. The court applied the Apex Court's dictum in Ramesan versus State of Kerala allowing the complainant to proceed against the legal representatives for fine recovery.

What did the court decide?

Revision Petition dismissed; complainant entitled to proceed against legal representatives of the deceased.

Smt Pushpa Prabhakar Vs Shriram Chits Karnataka Ltd. — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL REVISION PETITION No.452 OF 2019

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BETWEEN :

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Smt. Pushpa Prabhakar, W/o Sri Prabhakar, Aged about 60 years, R/at No.106/202, Madhu Kiran, Between 13^th and 14^th Cross, Margo’s Road, Malleshwaram, Bangalore-560 003.

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Earlier Address : R/at No.106/202 Madhu Kiran, RV 8 Apartment Flat No.202, 1^st Floor, Margose Road, Malleshwaram, Bangalore-560 003.

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.. Petitioner

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( By Sri C.R.Subramanya, Advocate )

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AND:

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M/s. Shriram Chits Karnataka Ltd., Administrative Officer, Legal Section Office, At No.280, II Floor, 10^th Cross, Wilson Garden,

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Crl.RP.No.452/2019

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Bangalore-560 027, Represented by its Legal Assistant & GPA Holder, Sri Lingaraju G.M. S/o. M.Gurulingappa, Aged about 31 years. .. Respondent

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( By Sri A.Lourdu Mariyappa, Advocate )

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This Criminal Revision Petition is filed under Section 397 read with Section 401 of Cr.P.C. praying to allow the revision petition and to set aside the order of conviction and sentence passed by the learned LX Addl.City Civil & Sessions Judge, Bengaluru City (CCH-61), in Criminal Appeal No.166/2017, dated 09.01.2019, modifying the judgment and sentence passed by XL Addl.Chief Metropolitan Magistrate, Bengaluru, in C.C.No.9278/2013, dated 30.12.2016, and to dismiss the complaint with costs in the interest of justice.

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This Criminal Revision Petition coming on for Admission this day, the Court made the following :

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ORDER

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Sri C.R.Subramanya, learned counsel for the revision petitioner is present and files a memo reporting the death of the revision petitioner/accused.

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Following the dictum laid down by the Hon’ble Apex Court

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in Ramesan (Dead) through legal representative Girija A. –vsState of Kerala, reported in ( 2020) 3 SCC 45, the Revision Petition is dismissed and in so far as the fine amount is concerned, the

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Crl.RP.No.452/2019

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complainant is entitled to proceed against the legal representatives of the deceased revision petitioner/accused.

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With the above observation, the Criminal Revision Petition is

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disposed of.

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Sd/JUDGE

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bk/

Smt Pushpa Prabhakar v. Shriram Chits Karnataka Ltd.

Case brief

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Smt Pushpa Prabhakar v. Shriram Chits Karnataka Ltd.

Case brief

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