Petitioner filed criminal revision seeking acquittal which was subsequently abated due to petitioner's death. Court permitted withdrawal and dismissed petition as withdrawn.
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 AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 120 OF 2016
BETWEEN:
SRI MOHAMMED FAZAL, AGED ABOUT 58 YEARS, S/O ABDUL AZEEZ, R/AT NO.38, 7TH CROSS, 5TH MAIN, KRISHNAPPA BLOCK EXTENSION, R.T. NAGAR POST, GANGANAGAR, BANGALORE - 560 032.
…PETITIONER
(BY SRI NAVEED AHMED, ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
SRI SRINIVAS RAO, S/O LATE SHANKAR RAO, AGED ABOUT 56 YEARS, R/AT NO.105, STERLING FLAT APARTMENTS, KODIGEHALLI MAIN ROAD, SAHAKARA NAGAR, BANGALORE - 560 032.
…RESPONDENT (BY SRI PRITHVIRAJ B N, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W SECTION 401 CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE PASSED IN THE FILE OF THE XVIII ADDL.C.M.M., BANGALORE IN C.C.NO.711/2011 DATED 07.11.2014 AT ANNEXURE-A AND SET ASIDE THE ORDER OF CONFIRMATION PASSED BY THE LVIII ADDL. CITY CIVIL AND S.J., (CCH-59) BANGALORE IN CRL.A.NO.1350/2014 DATED: 10.09.2015 AND THE PETR. MAY BE ACQUITTED.
NC: 2023:KHC:44075 CRL.RP No. 120 of 2016
THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner filed a memo for
withdrawal of the petition. Memo reads as under:-
"MEMO FOR WITHDRAWAL
Undersigned advocate for petitioner most respectfully submits that the petitioner has died during the pendency of this petition hence this petition has become abated. Hence this hon'ble court may be pleased to permit the Advocate for petitioner to withdraw this petition in the interest of justice and equity".
Bangalore Advocate for petitioner Date:05.12.2023 Naveed Ahmed"
3. In view of the withdrawal memo filed, petition is
dismissed as withdrawn.
In view of withdrawal of the petition, all pending interlocutory applications, if any, are disposed off.
NC: 2023:KHC:44075 CRL.RP No. 120 of 2016
Registry is directed to send Trial Court Records to
Trial Court.
Sd/JUDGE
CHS List No.: 1 Sl No.: 15
Mohammed Fazal
Srinivas Rao
Venkatesh Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
