RAMACHANDRA NARAYAN NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision petitions by A-8 filed under sections 397 and 401 Cr. P. C. is directed against the order dated 12. 1. 2004 passed in S. C. No. 71/2000 on the file of the Fast Track Court, karawar, wherein the petitioner and others have been facing prosecution for the offences under sections 143, 147, 323, 354, 365, 366, 384, 465, 471 and 395 read with 149 and 120-B of I. P. C. , challenging the legality and propriety of the order impugned.

(2.) THE court had heard the arguments of Sri C. V. Nagesh, learned counsel on behalf of the petitioner and Sri B. A. Belliappa, learned Government Pleader on behalf of the respondent State. The learned counsel for petitioner strenuously contended that he material on record clearly shows that there is absolutely no prima facie case made out against the petitioner and the evidence collected by the prosecution, even if unrebutted would not lead to conviction of the petitioner forth said offences. The learned counsel relied upon the following decisions in support of his contentions: a. I. R. 1977 S. C. 1489 a. I. R. 1979 S. C. 366 1996 (5) Supreme 742 a. I. R. 2002 S. C. 564 placing reliance on the ratio laid down in the said decision, he prayed for allowing the petition.

(3.) ON the contrary, the learned Government Pleader strenuously contended that the material on record clearly shows that there has been a prima facie case made out against the petitioner for the said offences. The learned sessions judge had considered the material on record in the right perspective and the same is in accordance with law and no grounds have been made out to interfere with the order impugned. Hence, the learned Government Pleader prayed for dismissal of the revision petition.