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2025 DAILYLAW 44149 (KAR)

HAJARAT BILAL MOHAMMAD YAKUB KHAJI v. PRAKSH S/O VEERABHADRAPPA HUBBALLI

CRL.RP/100250/2022 · 2025-03-11

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4643 CRL.RP No. 100250 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100250 OF 2022 (397(Cr.PC)/438(BNSS)) BETWEEN: HAJARAT BILAL S/O. MOHAMMAD YAKUB KHAJI, AGE: 47 YEARS, OCC. BUSINESS, R/O. NEAR NAGAPPA TEMPLE, OLD AMRUTESHWAR NAGAR, ANNIGERI, TQ. ANNIGERI, DIST.DHARWAD-582201. …PETITIONER (BY SRI S.B. DODDAGOUDAR, ADVOCATE) AND: PRAKSH S/O. VEERABHADRAPPA HUBBALLI, AGE: 60 YEARS, OCC. AGRICULTURE, R/O. NEAR MUNICIPALITY ANNIGER, TQ. NAVALAGUND, DIST. DHARWAD-582201. …RESPONDENT (BY SRI GOURISHANKAR MOT, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 22.06.2022 IN CRIMINAL APPEAL NO.82/2021 BY THE III ADDL. DISTRICT AND SESSION AND SPECIAL JUDGE DHARWAD WHEREIN CONFIRMED THE JUDGEMENT OF CONVICTION PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, NAVALGUND IN CC NO. 221/2019 DATED 29.11.2021 AND CONSEQUENTLY ALLOW THE PRESENT REVISION PETITION AND ACQUIT THE PETITIONER/ ACCUSED. V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.17 10:40:13 +0530 - 2 - NC: 2025:KHC-D:4643 CRL.RP No. 100250 of 2022 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. After arguing for some time, learned counsel for the revision petitioner files a memo. Memo reads as under: “Herein the Advocate for the revision petitions begs to submit this memo as under. That in the above case as per the order of this Hon’ble court dated: 02/09/2022, the petitioner has deposited the 50% of the fine amount before the trial court i.e. Rs.27,000/- on 23/12/2021 and Rs. 40,500/-on 9/9/2022 in total 67,500/- therefore the petitioner has complied the order dated 02/09/2022 passed by this Hon’ble court. The copy the receipts and challan having deposited the amount of Rs.27,000/- and 40,500/- are produced here with, for kind perusal of this Hon’ble court.” 2. Placing the memo on record, criminal revision petition stands disposed off. 3. If the amount as agreed in the memo is not paid, order of the trial magistrate confirmed by the first appellate court would stand restored automatically. - 3 - NC: 2025:KHC-D:4643 CRL.RP No. 100250 of 2022 4. Amount in deposit is ordered to be withdrawn by the complainant under due identification. 5. In view of the settlement and after the payment of entire amount as compensation, fine of Rs.5,000/- towards defraying expenses of the State is set aside as the lis is privy to the parties and no State machinery is involved. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 54