Criminal Revision Petition filed under Section 397/401 CrPC. Court noted the death of the revision petitioner on 15.2.2017. Held that the petition does not survive and disposed of the matter.
Revision petition disposed of due to death of revision petitioner; no costs awarded.
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 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL REVISION PETITION NO. 100001 OF 2016 (397-)
BETWEEN:
BASALINGAPPA CHANABASAPPA KOTTURSHETTAR AGE:77 YEARS, OCCUPATION:PENSIONER, RESIDING AT 110, VISHWESHWAR NAGAR, HUBBALLI-580032
…PETITIONER
(BY SRI. A. M. GUNDAWADE, ADV.)
AND:
Digitally
signed by J
MAMATHA
J
MAMATHA Date:
2023.05.27
20:28:21
+0530
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, HCGP FOR R3, SRI. SANTOSH B. MALAGOUDAR, ADV. FOR R1 AND R2)
THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING THAT THE ORDER DATED 16.11.2015 ALLOWING CRIMINAL REVISION PETITION NO.352 OF 2013 PASSED BY THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, BELAGAVI BE SET ASIDE BY ALLOWING THE TOP NOTED REVISION PETITION WITH COSTS.
THIS REVISION PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.A.M.Gundwade, learned counsel for the revision
petitioner-complainant is present.
Learned HCGP for respondent No.3 and Sri.Santosh B Malagoudar, learned counsel for the respondent Nos.1 and 2 are present.
This Court by order dated 12.4.2023 after recording the submission of the learned counsel for the revision petitioner that revision petitioner is reported to be dead, directed the Commissioner of Police, Hubballi-Dharwad to ascertain the death of the revision petitioner and to report.
Now, learned HCGP files memo along with death extract of revision petitioner. The revision petitioner-complainant died on 15.2.2017.
Revision petition filed before revisional court on the file of II Addl. District and Sessions Judge, Belagavi under Crl.R.P.352/2013 came to be allowed by order dated 16.11.2015. The First Appellate Court set aside the order of the Trial Court by order dated 21.2.2013 taking cognizance of the offences alleged against the accused.
Revision petitioner-complainant challenged the said order of revision petition before this Court. Now, in view of the death of revision petitioner-complainant, revision petition does not survive for consideration and accordingly, the revision petition is disposed of.
(Sd/-) JUDGE
VB
List No.: 1 Sl No.: 48
1 issue framed by the court
Whether a criminal revision petition survives for consideration after the death of the revision petitioner-complainant.
2 provisions across 1 enactments
Basalingappa Chanabasappa Koturtshettar
Iranagouda Alias Iranna Shivanagouda Patil
Tavanappa Satappa Jain
The State of Karnataka
Anil B Katti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
