A criminal revision petition filed under Sections 397 and 401 CrPC by an accused was disposed of as the petitioner had expired, leading to the abatement of the criminal proceedings and ordering the release of any deposited amount.
Criminal proceedings abated; revision petition disposed; amount ordered to be released to respondent.
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.
CRL.RP No. 424 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 424 OF 2014
BETWEEN:
SRI. KHAJA MOINUDDIN AGED ABOUT 54 YEARS, S/O ABDUL KHAYUM, WORKING AS COMMISSIONER, CITY MUNICIPAL COUNSEL, YADGIR-585221, YADGIR DISTRICT.
AND ALSO AT: CHIEF OFFICER TOWN MUNICIPAL COUNCIL, GOWRIBIDANUR TOWN-561 208, CHIKKABALLAPUR DISTRICT.
…PETITIONER
(BY SRI. BHADRINATH R, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SRI. G.S. JAGADEESH KUMAR AGED ABOUT 36 YEARS, S/O GOVINDAIAH, RESIDING AT PRASHANTH NAGAR, NEAR GANAPATHI TEMPLE, NAGAPPA BLOCK, GOWRIBIDANUR TOWN-561 208, CHIKKABALLPUR DISTRICT.
…RESPONDENT
(BY SRI. MANJUNATH G KHANDEKAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
CRL.RP No. 424 of 2014
PRAYING TO SET ASIDE THE JUDGMENT DATED: 03.06.2014 IN CRL.A.NO.122/2013 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, CHICKBALLAPURA AND CONSEQUENTLY FURTHER BE PLEASED TO SET ASIDE THE ORDER DATED 23.11.2013 IN C.C.NO.295/2011 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, GOWRIBIDANUR.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner / accused submits that the petitioner has expired and therefore, this revision petition has abated.
In view of the aforesaid submission, the criminal proceedings initiated against the petitioner stand abated and the revision petition stands disposed off.
Any amount in deposit is ordered to be released to the respondent.
Sd/JUDGE
SMA
List No.: 1 Sl No.: 79
1 issue framed by the court
Whether a criminal revision petition abates upon the death of the petitioner/accused.
2 provisions across 1 enactments
SRI. KHAJA MOINUDDIN
SRI. G.S. JAGADEESH KUMAR
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
