STATE OF KARNATAKA Vs. VENUGOPAL

JUDGEMENT

(1.) THIS petition by the State is filed under Sections 397 sand 401 Cr. P. C. praying the Court for setting aside the order dated 18-5-2001 passed in S. C. No. 460/1991 on the file of the XXV Addl. Sessions Judge, Bangalore, wherein the learned sessions Judge had rejected the application filed by the State under Section 311 Cr. P. C.

(2.) THE Court has heard the arguments of Sri B. A. Belliappa, learned Government pleader on behalf of the petitioner-state, and sri C. H. Hanumantharaya, learned counsel on behalf of the respondents-accused.

(3.) THE learned Government Pleader strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The learned sessions Judge had not applied judicial mind and had not appreciated the facts in issue in the right perspective and the same has resulted in miscarriage of justice. He also contends that the prosecution should be provided lull opportunity to prove its case. Hence, he prayed for allowing the revision petition.