Dismissed

Mr. K. Abdul Shukur v. Mr. Haji S Mohammad

Karnataka HC14 Feb 2023CRL.RP/146/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka held that a revision petition under Section 397 read with Section 401 of Cr.P.C. is not maintainable against an order of acquittal by the additional civil judge and dismissed the petition, allowing an appeal as an alternative remedy.

What did the court decide?

Revision petition dismissed on grounds of non-maintainability; petitioner permitted to file an appeal.

Mr. K. Abdul Shukur Vs Mr. Haji S Mohammad — Criminal Trial and Appeal | Karnataka HC (2023)

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CRL.RP No. 146 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 146 OF 2023

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BETWEEN:

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MR. K. ABDUL SHUKUR (OR ABDUL SHAKOOR) AGED ABOUT 59 YEARS, FISH BUSINESSMEN AND PRESIDENT OF SOUTH KARNATAKA SALAFI MOVEMENT, SAGAR UNIT, R/AT NAVAYATH COLONY, BADRIYA MASJID, 2^ND CROSS, SAGAR, SHIVAMOGGA-577 401. …PETITIONER

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(BY SRI. NOOR MOHAMMED, ADVOCATE)

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AND:

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MR. HAJI S MOHAMMAD S/O SRI. HYDER SAB, AGED ABOUT 61 YEARS, PRESIDENT, Digitally MASJID-E-AISHA AND AISHA signed by MADRASA ADMINISTRATION COMMITTEE, SUMA AND RESIDING AT Location: HIGH COURT GULAM MOHIYUDDIN ROAD, OF SAGAR, SHIVAMOGGA DISTRICT. KARNATAKA

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SRI. J.HUSSAIN SAB S/O J. YUSUF SAB AGED ABOUT 79 YEARS, PRESIDENT, AL-MASJID-NOOR AND MADRASA DINUL ISLAM ADMINISTRATION COMMITTEE, RESIDING AT JANATHA NAGAR, MAIN ROAD, SAGAR POST. …RESPONDENTS

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CRL.RP No. 146 of 2023

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THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 09.01.2023 PASSED BY THE LEARNED I ADDL.CIVIL JUDGE AND J.M.F.C AT SHIVAMOGGA IN C.C.NO.5174/2013 AND CONVICT THE ACCUSED UNDER SECTIONS 500 AND 501 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has challenged the judgment of acquittal dated 09.01.2023 passed by I Additional Civil Judge and J.M.F.C, Shivamogga in C.C.No.5174/2013. Since, a revision petition under Section 397 read with Section 401 of Cr.P.C. is not maintainable, the office objection raised regarding maintainability of this revision petition is upheld. Consequently, this revision petition is dismissed.

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However, it is open for the petitioner to avail remedy of an appeal in accordance with law.

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The time consumed in pursing this revision petition shall be deducted while calculating limitation applicable to appeals.

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Sd/JUDGE

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Mr. K. Abdul Shukur v. Mr. Haji S Mohammad

Case brief

What is this about?

What did the court decide?

Mr. K. Abdul Shukur v. Mr. Haji S Mohammad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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