K Rajaiah vs Smt. Rajalakshmi Sadagopan on 25 June, 2018

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Karnataka High Court

K Rajaiah vs Smt. Rajalakshmi Sadagopan on 25 June, 2018

Equivalent citations: AIRONLINE 2018 KAR 738

Bench: K.Somashekar

                        :1:



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF JUNE, 2018

                      BEFORE

      THE HON'BLE MR.JUSTICE K.SOMASHEKAR

     CRIMINAL REVISION PETITION NO. 133 OF 2018

BETWEEN

K. RAJAIAH,
S/O LATE KOTHANDARAMA NAIDU,
AGED ABOUT 78 YEARS,
PRESENTLY RESIDING AT:
NO. 1668, 5TH CROSS, II BLOCK,
BANASHANKARI-I STAGE,
BANGALORE - 560 050.
                                     ... PETITIONER
(BY SRI. S.G. BHAGAVAN., ADVOCATE)

AND

1.    SMT. RAJALAKSHMI SADAGOPAN,
      W/O SADAGOPAN RAJAMANI,
      AGED ABOUT 57 YEARS,
      NO.48, MILLERS TANK BUND ROAD,
      BENGALURU - 560 048.

2.    SADAGOPAN RAJAMANI,
      AGED ABOUT 65 YEARS,
      S/O LATE RAJAMANI IYENGAR,
      NO.48, MILLERS TANK BUND ROAD,
      BENGALURU - 560 048.

3.    SMT. GAYATRI THAMIZHARASAN,
      AGED ABOUT 33 YEARS,
      D/O R. SADAGOPAN,
      NO.48, MILLERS TANK BUND ROAD,
                        :2:



     BENGALURU - 560 048.

4.   S. NATARAJAN,
     AGED ABOUT 78 YEARS,
     S/O LATE SRI. SUBRAMANIA PILLAI,
     C/O RAMASWAMY AND CO.,
     C/O. LN. JAYARAMAN, ADVOCATE,
     NO.4 & 5, I FLOOR,
     YADHUGIR YATHIRAJA MUTT BUILDING,
     NO.200, SAMPIGE ROAD,
     MALLESWARAM,
     BENGALURU - 560 003.

5.   SRI. SUBRAMANYA BHAT,
     S/O LATE NARAYANA BHAT,
     AGED ABOUT 69 YEARS,
     C/O RAMASWAMY AND CO.,
     C/O. N. JAYARAMAN, ADVOCATE,
     NO.4 & 5, I FLOOR,
     YADHUGIRI YATHIRAJA MUTT BUILDING,
     NO.200, SAMPIGE ROAD,
     MALLESWARAM,
     BENGALURU - 560 003.

6.   SRI. N. KANNAN,
     S/O LATE S. NARAYANAN,
     AGED ABOUT 67 YEARS,
     C/O RAMASWAMY AND CO.,
     C/O. N. JAYARAMAN, ADVOCATE,
     NO.4 & 5, I FLOOR,
     YADHUGIRI YATHIRAJA MUTT BUILDING,
     NO.200, SAMPIGE ROAD,
     MALLESWARAM,
     BENGALURU - 560 003.

7.   K.K. FOUNDATION AND PUBLIC
     CHARITABLE TRUST,
     NO.48, MILLERS TANK BUND ROAD,
     BENGALURU - 560 048,
     REPRESENTED BY:
     RAJALAKSHMI SADAGOPAN,
                             :3:



     SADAGOPAN RAJAMANI,
     GAYATRI THAMIZHARASAN,
     S. NATARAJAN, 78 YEARS.
                                         ... RESPONDENTS
(BY SRI. G.R. MOHAN, ADVOCATE FOR R1 - R3 AND R7.
    R4 - SERVED.)

     THIS CRL.R.P. IS FILED U/S 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
02.11.2017 PASSED BY THE VIII ADDL. C.M.M.,
BENGALURU IN P.C.R.NO. 2699/2008 AND RESTORE
THE SAME.

     THIS CRL.R.P. COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

The complaint had been filed by the complainant under Section 200 Cr.P.C. for the offences punishable under Sections 120(b), 304A, 465 & 506(b) read with Section 34 IPC. The same was referred under Section 156(3) of the Cr.P.C. to the Jurisdictional Police to submit a report, in respect of which the Investigating Officer has laid the 'B' report. The same has in turn been challenged by filing a protest petition. Subsequently, the very complainant had been subjected to examination and the Trial Court has dismissed the complaint under Section :4: 203 Cr.P.C. It is the said order which has been challenged in this revision petition.

2. However, a memo dated 19.06.2018 has now been filed by the respondents reporting the death of the petitioner / complainant, along with a copy of his death certificate.

3. In view of Section 256(2) Cr.P.C., since the petitioner / complainant is dead, no further action can be taken against the accused / respondents, since the present petition abates. Hence, the petition is dismissed as abated.

Sd/-

JUDGE KS

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