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2025 DAILYLAW 30365 (KAR)

MAHALINGAIAH v. ARUN KUMAR H G

CRL.RP/1322/2016 · 2025-06-05

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18972 CRL.RP No. 1322 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION NO. 1322 OF 2016 BETWEEN: MAHALINGAIAH S/O LATE ERAIAH, AGED ABOUT 72 YEARS, R/AT THOVINAKERE GOLLARAHATTI, DOMBARANAHALLI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572 221. …PETITIONER (BY SRI. CHANDRASHEKARA K.A., ADVOCATE) AND: ARUN KUMAR H.G. S/O GANGADHARAPPA, AGED ABOUT 44 YEARS, R/AT HULLEKERE VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT-572 221. …RESPONDENT (BY SRI. M.N.MADHUSUDHAN, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO CALL FOR LCR’S AND SET ASIDE THE ORDER OF CONVICTION AND SENTENCE DATED 01.04.2014 PASSED BY THE CIVIL JUDGE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18972 CRL.RP No. 1322 of 2016 AND JMFC., TURUVEKERE IN C.C.NO.318/2012 AND CONFIRMED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR BY THE JUDGMENT AND ORDER DATED 01.09.2016 VIDE CRL.A.NO.10008/2014 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ACQUIT THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER It is noted in the order dated 31.01.2024 that the petitioner died on 26.08.2018 and the death certificate also has been produced with the police report. So the date of death of the petitioner/accused is 26.08.2018. This Court by the said order has given an opportunity to the legal representatives to come on record, but no application has been made in that regard by the legal representatives of the petitioner/accused. 2. In view of the death of the petitioner, the petition abates. - 3 - HC-KAR NC: 2025:KHC:18972 CRL.RP No. 1322 of 2016 3. The respondent is at liberty to recover the fine from the legal representatives of the petitioner/accused. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE HB List No.: 1 Sl No.: 6 CT:ar