SIDDAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a revision petition preferred by the petitioner-accused against the order of the learned City Magistrate, Mysore, in C.C. 606/51-52 refusing to withdraw the warrant issued by him for the recovery of the flue imposed on the petitioner.

(2.) The facts that have given rise to this petition are briefly as follows:--

(3.) The petitioner was the accused in C.C. 606 of 1951-52 on the file of the learned City Magistrate, Mysore. He was prosecuted for offences under Sections 465 and 500, I.P.C. The learned Magistrate ultimately convicted the petitioner for an offence under Section 465, I.P.C., and sentenced him to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 1,000 and in default "to undergo rigorous imprisonment for a further period of six months. On appeal to the learned Sessions Judge, the said conviction and sentence were confirmed. Then a revision petition preferred by the petitioner to this Court in L. K. Siddappa v. Lalithamma,-Criminal Revn. Petn. No. 73 of 1953, (AIR 1954 My3 119) (A), was also dismissed on 30-9-53. He was committed to jail on 10-10-53 & he underwent the substantive sentence of imprisonment. He also underwent the imprisonment fixed (or default in payment of one. He was released from jail on 16-2-55. Subsequently the learned City Magistrate issued a warrant for the recovery of the fine. The petitioner applied for its withdrawal and the learned Magistrate refused to do so. As against that order, this revision petition is preferred.