MADIWALAPPA S/O. IRAGANTEPPA NAIKODI SINCE DECEASED BY HIS LEGAL REPRESENTATIVES, LAXMIBAI W/O. IRAGANTEPPA NAIKODI Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA-585

JUDGEMENT

(1.) THE legal representatives of the deceased Madiwalappa have challenged the order in Criminal Revision Petition No. 86/2011 passed by the learned II Additional District and Sessions Judge at Bijapur dated 18.07.2012, dismissing the revision petition. The facts reveal that there was a dispute in respect of the land bearing See. No. 241/1 of Alagur village. The Taluka Executive Magistrate initiated the proceedings under Section 145 of Cr. P.C. He passed an order appointing one S.K. Math Revenue Inspector of Devara Hipparagi as receiver of the disputed land. Aggrieved by the said order, Madiwalappa preferred a revision petition in Crl. Revision Petition No. 86/2011. During the pendency of the said revision, Madiwalappa died on 02.09.2011. The fact of his death was not brought to the notice of learned Sessions Judge either by the counsel or by the prosecutor. It is in these circumstances, as the counsel was absent on the date when the matter was taken up for hearing, the learned Sessions Judge after hearing the public prosecutor and by perusing the records has dismissed revision petition. Aggrieved by the order, the legal representatives have preferred this petition under Section 482 of Cr. P.C.

(2.) HEARD the Learned Counsel for the petitioner and also the learned Additional SPP.