An oral order of the High Court of Karnataka dismissing a criminal revision petition as dead due to the non-appearance of legal representatives of the deceased petitioner after notice issuance and grant of final opportunity.
Petition dismissed for non-prosecution due to non-appearance of petitioner's legal representatives.
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NC: 2024:KHC-D:16569 CRL.RP No. 100120 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
CRIMINAL REVISION PETITION NO. 100120 OF 2016
(397(Cr.PC)/438(BNSS))
BETWEEN:
BASAVARAJ S/O. NEELAPPA NADAHALLI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: SAUNSHI, TQ: KUNDGOL, DIST: DHARWAD.
…PETITIONER
(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)
AND:
MALLIKARJUN S/O. MUDAKAPPA BHAVIKATTI, AGE: 53 YEARS, OCC: PRIVATE SERVICE, R/O: LAXMESHWAR, TQ: SHIRAHATTI, DIST: GADAG.
MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
…RESPONDENT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT DATED 26/03/2016 PASSED BY THE LEARNED ADDITIONAL DISTRICT AND SESSION JUDGE, GADAG IN CRL. A NO. 40/2015 AND THE JUDGMENT DATED 28/05/2015 PASSED BY THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR IN C.C.NO.72/2011.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:16569 CRL.RP No. 100120 of 2016
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
There is no representation on behalf of the
petitioner/accused. Learned counsel for the respondent/ complainant is present.
non appearance of the petitioner, Court notice came to be issued on 23.09.2024, which was returned with endorsement as ‘petitioner is deceased’ along with a copy of Death Certificate.
Today also there is no representation on behalf of the
NC: 2024:KHC-D:16569 CRL.RP No. 100120 of 2016
petitioner. No steps are taken. Under the circumstances,
this petition is dismissed for non prosecution.
petitioner deposited 25% of the fine amount i.e., Rs.47,250/- and Rs.49,000/- before this Court.
Ordered accordingly.
Sd/(PRADEEP SINGH YERUR) JUDGE
List No.: 2 Sl No.: 1
CKK CT-MCK
1 issue framed by the court
What is the proper course when a petitioner in a criminal revision petition is deceased and no legal representatives appear within the last opportunity granted?
1 provisions across 1 enactments
Basavaraj s/o Neelappa Nadahalli
Mallikarjun s/o Mudakappa Bhavikatti
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
