AI Structured Summary
Not yet generated for this judgment
Judgment
C.R. Kumaraswamy, J.—Sri. A. Ramanjanappa, Advocate files power on behalf of Respondent No. 2. Respondent No. 2 is present before the Court. Sri. P.M. Nawaz, Addl. State Public Prosecutor is directed to take notice for Respondent No. 1. Petitioner is in judicial custody, but he is represented by his counsel.
Learned High Court Government Pleader submits that suitable order may be passed.
Sri. A. Ramanjanappa, Advocate appearing on behalf of Respondent No. 2 filed affidavits one in English language and another in vernacular language. In the affidavit filed in vernacular language, the victim has sought to set aside the judgment of conviction in C.C. No. 335/2002. The dispute is between husband and wife. The husband was convicted and he was taken to the custody and he was serving the sentence. At this time, these affidavits have been filed.
This is a matrimonial dispute and the wife has come before the Court and she has stared that they are living together cordially. In that view of the matter, this Criminal Revision Petition deserves to be allowed.
In the result, I pass the following:
(a) This Criminal Revision Petition is allowed in terms of the affidavits of Respondent No. 2 one in English language and another in Vernacular language.
(b) Consequently, the judgment passed in Crl.A. No. 30/2008 is hereby set aside.
(c) The judgment and order of conviction and sentence dated 31.05.2008 passed in C.C.
No. 335/2002 on the file of Civil Judge (Jr. Dn.) and JMFC, Devanahalli is hereby set aside.
(d) The Petitioner/accused is set at liberty.
(e) Intimate the jail authorities and also to the Trial Court.
Since the main appeal is allowed, Misc. Crl. Nos. 454 7/2010 for stay, 4683/2010 for permission and 4684/2010 for direction does not survive for consideration and accordingly, they are dismissed.