SHAILA P PRABU Vs. NAGENDRA K. MALLYA

JUDGEMENT

(1.) THOUGH the matter is listed for admission, with the consent of learned counsel for both sides the same is taken up for final hearing and is being disposed of by this order.

(2.) THIS revision petition is filed by the petitioner under Sec. 397 of the Criminal Procedure Code, 1973 praying that this Court be pleased to set aside the order dated 1.8.2007 passed by the XIX Additional City Municipal Magistrate, Bangalore in C.C. No. 15062 of 2003 by issuing FLW and NBW against the petitioner.

(3.) IT is argued by the learned Advocate for the petitioner that under Sec. 357 of the CrPC when an appeal or revision is admitted, the Trial Court is barred from executing the order of sentence passed by it. Therefore issuance of NBW and FLW against the petitioner is in violation of the provisions of Sec. 357(2) of the CrPC. Therefore, the said order of issuance of FLW and NBW are to be set aside unless this Court disposes off the revision petition. The Trial Court cannot open a dummy order sheet when the LCR has been already submitted and received by this Court. It is in violation of the provisions and also violation of the liberty of the citizens. Further it is argued that the revision petition is maintainable since the Court has passed the order after admitting the revision petition. Therefore, the revision is maintainable and this Court may dispose off this revision petition as well as Criminal Revision Petition No. 1713 of 2006 filed by the petitioner. In support of his contention, learned Counsel for the revision petitioner relied on the following decisions --