Shri Mansoorali Najirahemad ... vs Shri Imamhussain Abdulgaffar ...
2022 Latest Caselaw 11392 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 16 T H DAY OF AUGUST 2022
                        BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

   CRIMINAL REVISION PETITION No.100149 OF 2022


   BETWEEN:

   SHRI MANSOORALI NAJIRAHEMAD HAJARATHBHAI,
   AGE: 39 YEARS, OCC: BUSINESS,
   R/O. 375, NEHARU NAGAR, 2ND CROSS,
   BELAGAVI.

                                       ...PETITIONER

   (BY SHRI GIRISH S.HIREMATH, ADVOCATE)

   AND:

   SHRI IMAMHUSSAIN ABDULGAFFAR SHAIKH,
   AGE: MAJOR, OCC: BUSINESS,
   R/O. 375, NEHARU NAGAR
   2ND CROSS, BELAGAVI.
                                   ... RESPONDENT

        THIS CRIMINAL REVISION PETITION IS FILED
   U/SEC.397 R/W SEC.401 OF CR.P.C., SEEKING TO SET
   ASIDE THE JUDGMENT IN CRIMINAL APPEAL NO.468/2019
   DATED 19.03.2022 PASSED BY XITH ADDITIONAL
   SESSIONS JUDGE, BELAGAVI, AND CONFIRM THE
   JUDGMENT     PASSED    IN   C.C.NO.791/2017   DATED
   31.10.2019, IN THE INTEREST OF JUSTICE AND EQUITY.
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    THIS  CRIMINAL REVISION  PETITION IS
COMING ON FOR NON COMPLIANCE OF OFFICE
OBJECTIONS, THIS DAY, THE COURT MADE THE
FOLLOWING:

                          ORDER

Heard the learned counsel for the revision

petitioner.

2. In view of decision of the Division Bench of

this Court in the case of K. H. Ganesh Rao Vs. H.

Gopal reported in 2010 Crl. L.J. 4755, an appeal

against acquittal passed by the Appellate Court is

maintainable before this Court under Section 378(4)

of The Code of Criminal Procedure, 1973 (hereinafter

referred to as the 'Cr.P.C.', for brevity).

3. Hence, learned counsel for the revision

petitioner is permitted to convert the revision petition

into an appeal under Section 378(4) of Cr.P.C.

4. Learned counsel for the revision petitioner

is permitted to file amended appeal memo and comply

the other office objections.

5. Registry is directed to re-register this

Criminal Revision Petition into Criminal Appeal.

6. For statistical purpose, the Criminal

Revision Petition stands disposed off.

Sd/-

JUDGE

AM