IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.1106/2009 BETWEEN:
SRI. NARAYANSWAMY.K, S/O LATE KANAIAH NAIDU, AGED ABOUT 71 YEARS, R/A NO.128, 7TH CROSS, 1ST MAIN ROAD, AKASHNAGAR, A-NARAYANAPURA, DOORAVNINAGARA, BENGALURU – 560 016 ... PETITIONER (BY SRI. N.J.RAMESH, ADVOCATE) AND:
STATE BY CBI, S. P. E., DIVISION BENGALURU – 560 009. ... RESPONDENT (BY SRI.P.PRASANNA KUMAR, SPL.P.P.) THIS CRL.RP IS FILED U/S.397 R/W SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 28.11.2005 PASSED IN C.C.NO. 1567/1981 BY THE XVII ADDL.CMM BANGALORE, CONVICTING THE PETITIONER TO UNDER GO THE IMPRISONMENT FOR THE OFFENCES P/U/Ss.381,420 R/W SEC.120-B OF THE IPC AND CONFIRMED THE SAME BY THE XXXII ADDL.CC AND SJ AND SPL JUDGE FOR CBI CASES, BANGALORE BY MEANS OF ITS JUDGMENT DATED13.11.2009 PASSED IN CRL.APPEAL NO.1677/05 AND ACQUITS THE PETITIONER FROM ALL THE CHARGES LEVELED AGAINST HIM AND GRANT SUCH OTHER RELIEF OR RELIEFS AS DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned Special P.P. for respondent - CBI and retainer counsel has filed a memo reporting the death of the petitioner.
It is stated in the said memo that on 28.02.2019, the counsel for the petitioner had filed a memo requesting the respondent to verify as to whether the petitioner has expired or not. In pursuance to the said direction, on enquiry, it has now come to the notice of the respondent-CBI that the petitioner - K. Narayanaswamy has breathed his last on 16.10.2018 and has also produced the death certificate, which also confirms the death of petitioner-K. Narayanaswamy on 16.10.2018.
In view of the said memo, the petition stands abated.
Sd/- JUDGE VBS CT:RG