The appellant was a driver working in the Karnataka State Road Transport Corporation.
By order dated 05.04.2011 passed by the 1 st Additional JMFC, the appellant was found guilty for companymission of the offence for which he was charged and was accordingly sentenced to undergo simple imprisonment for a period of six months.
35056, which was set up on the railway line between Chalageri and Ranebennur Railway Stations.
The appellant felt aggrieved and filed appeal before the Additional District and Sessions Judge, Haveri.
The appellant carried the matter further in Revision in the High Court of Karnataka at Dharwad Bench.
Heard Mr. Anand Sanjay M. Nuli, learned companynsel for the appellant and Mr. R. Balasubramanian, learned companynsel for the respondent.
The appellant was, therefore, prosecuted for companymission of offence punishable under Section 160 2 of the Railways Act, 1989 by the Principal Civil Judge and 1st Additional JMFC, Ranebennur and pursuant to which FIR No.385/2006 was lodged against him on 04.08.2006 in RPF Police Station, Ranebennur.
By order dated 04.03.2016, the Additional District and Sessions Judge dismissed the appeal filed by the appellant resulting in affirmation of his companyviction and sentence awarded by the JMFC by his order dated 05.04.2011.
On 03.08.2006 at around 11.15 p.m., the appellant while driving the bus hit it against the railway crossing gate KM No.
Abhay Manohar Sapre, J. Leave granted.
This appeal is directed against the final Digitally signed by ANITA MALHOTRA Date 2019.02.21 171006 IST Reason judgment and order dated 15.03.2018 passed by the High Court of Karnataka, Circuit Bench at Dharwad in Criminal Revision Petition No.100297 of 2017 whereby the High Court dismissed the criminal revision petition filed by the appellant herein and affirmed the orders passed by the Courts below.
The submission of learned companynsel for the appellant was threefold.
Signature Not Verified 2.
By impugned order, the High Court dismissed the revision and upheld the appellate order dated 04.03.2016 giving rise to filing of this appeal by way of special leave by the appellant in this Court.
