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2019 (3) TMI 2045 - KARNATAKA HIGH COURTValidity of judgment of conviction delivered by the trial Court - Courts below failed to take note of the fact that statement of accused under section 313 of Cr.P.C. was recorded based on the sworn statement, which was recorded before taking cognizance and proceeded erroneously - HELD THAT:- All the Procedure adopted to the lower court is erroneous. The lower appellate Court also failed to notice the said fact and erroneously confirmed the judgment of the lower appellate Court. Having taken note of the procedural irregularity committed by the Courts below, the impugned order needs to be set aside and the matter is required to be remanded back to the lower Court to consider the matter afresh in accordance with law by giving an opportunity to the present petitioner and also if any need arises, by giving an opportunity to the complainant also dispose of the matter in accordance with law. The matter is remanded back to the trial Court to consider the matter afresh, on merits, in accordance with law - Revision petition allowed.
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