Ramu Papadawale vs Ashokkumar

Type Court Judgment Court Karnataka Kalaburagi Decided Aug 30, 2024

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Citation: sooperkanoon.com/1851068
Court: Karnataka Kalaburagi High Court
Judge: K Natarajan
Decided On: Aug 30, 2024
Case Number: CRL.RP/200084/2024

Parties & Advocates

Appellant / Petitioner

Ramu Papadawale

Respondent

Ashokkumar

Excerpt

.....in crl. appeal no. 28/2019 order dated 02nd november 2023. this petition, coming on for admission this day,order was made therein as under:coram: hon'ble mr. justice k natarajanoral order(per: hon'ble mr. justice k natarajan) learned counsel for the petitioner submits that the petitioner is no more.2. this revision petition is filed against the judgement ofconviction and the sentence passed in c.c no. 241/2017 by the court of principal judicial magistrate first class, shahapur, dated 28.08.2019 and upheld by the court of district and sessions judge, yadgiri in criminal appeal no.28/2019 byjudgment dated 02.11.2023.3. the appeal filed by the appellant will abate due to his death as per section 394(1) of cr.p.c., except the sentence of fine under section 394(2) of cr.p.c. -3-4. the learned counsel for the petitioner also wasgranted sufficient time for bringing the legal representatives on the record to prosecute the revision petition. in spite of the same, the learned counsel is not able to contact the legal representatives of the deceased-petitioner. he has sent intimation to the legal representatives, but no response from them.5. in view of the death of the petitioner, the revisionpetition is to be dismissed as abated. in respect of the sentence of imprisonment of six months. but the learned counsel for the respondent is entitled to recover the compensation awarded by the trial court. accordingly, this revision petition is disposed of as abated. sd/- (k natarajan) judge cs list no.: 1 sl no.: 36 ct:si

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 30TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL REVISION PETITION NO.200084 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: RAMU PAPADAWALE S/O GOPALSWAMY, AGE: 55 YEARS, OCC: BUSINESS, R/O NEAR GUMLAPUR MATH, AANEGUNDI ONI, SHAHAPUR, TQ. SHAHAPUR DIST. YADGIRI …PETITIONER (BY SRI. GANESH NAIK, AND SRI. RAJENDRA CHAVAN, ADVOCATES) AND: Digitally signed ASHOKKUMAR S/O CHANDRAHAS HOOGAR, by KHAJAAMEEN
L MALAGHAN         AGE: 55 YEARS, OCC: BUSINESS,
Location: High     R/O NEAR GUMLAPUR MATH,
Court Of           AANEGUNDI ONI, SHAHAPUR,
Karnataka TQ. SHAHAPUR DIST. YADGIRI-585223. …RESPONDENT (BY SMT. SHRIDEVI B. ALBA., AND SRI. N. L. MALLI, ADVOCATES) THIS CRIMINAL REVISION PETITIONER IS FILED UNDER SECTION 397 READ WITH SEC 401 OF CR.P.C., PRAYING TO CALL FOR AND EXAMINE THE RECORDS IN C.C NO. 241/2017 AND SET ASIDE THE JUDGMENT PASSED BY THE COURT OF PRL. JUDICIAL MAGISTRATE FIRST CLASS, SHAHAPUR BY ITS -2-

JUDGMENT ORDER DATED 28TH AUGUST 2019 AND FURTHER

THE SAME BEING PARTLY ALLOWED HEREBY CONFIRMED BY THE COURT DISTRICT AND SESSION JUDGE, YADGIRI IN CRL. APPEAL NO. 28/2019 ORDER DATED 02ND NOVEMBER 2023. THIS PETITION, COMING ON FOR ADMISSION THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K NATARAJAN

ORAL ORDER

(PER: HON'BLE MR. JUSTICE K NATARAJAN) Learned counsel for the petitioner submits that the petitioner is no more.

2. This revision petition is filed against the judgement of

conviction and the sentence passed in C.C No. 241/2017 by the Court of Principal Judicial Magistrate First Class, Shahapur, dated 28.08.2019 and upheld by the Court of District And Sessions Judge, Yadgiri in Criminal Appeal No.28/2019 by

judgment dated 02.11.2023.

3. The appeal filed by the appellant will abate due to his death as per Section 394(1) of Cr.P.C., except the sentence of fine under Section 394(2) of Cr.P.C. -3-

4. The learned counsel for the petitioner also was

granted sufficient time for bringing the legal representatives on the record to prosecute the revision petition. In spite of the same, the learned counsel is not able to contact the legal representatives of the deceased-petitioner. He has sent intimation to the legal representatives, but no response from them.

5. In view of the death of the petitioner, the revision

petition is to be dismissed as abated. In respect of the sentence of imprisonment of six months. But the learned counsel for the respondent is entitled to recover the compensation awarded by the trial Court. Accordingly, this revision petition is disposed of as abated. Sd/- (K NATARAJAN) JUDGE CS List No.: 1 Sl No.: 36 CT:SI

Same Court & Year Karnataka Kalaburagi · 2024 Same Parties Ramu Papadawale vs Ashokkumar Same Judge K Natarajan