Kumari vs Lakshmipathi Nayak S
2022 Latest Caselaw 10578 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF JULY, 2022

                               BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

 CRIMINAL REVISION PETITION NO.932 OF 2022

BETWEEN:

Kumari D/o. Yallakrishna,
Aged about 41 years,
Household Work,
R/at Sanna Site, M.C. Halli,
Kasaba Hobli,
Tarikere Taluk - 577228.
                                                 ..Petitioner
(By Sri. N. Ramakrishna, Advocate)

AND:

Lakshmipathi Nayak S.
S/o. S. Ramappa, aged 60 years
Railway Guard,
R/at # 26/A, Railway Colony,
Harihara, Davangere Dist.577601.
                                              .. Respondent

                                   ****
   This Crl.R.P. is filed under Section 397 read with Section 401
of the Code of Criminal Procedure, 1973, praying to call for the
records in C.C.No.217/2013 on the file of the Civil Judge and
Additional JMFC, Tarikere and in Criminal Appeal No.141/2022 on
the file of the Principal Judge, Family Court at Chikkamagaluru
(District and Sessions Judge, Chikkamagaluru) set aside the
judgment and order passed by the Principal Judge, Family Court
at Chikkamagaluru in Crl.Appeal No.141/2022 dated 01-06-2022
by allowing the revision petition and thereby to confirm the
                                                      Crl.R.P.No.932/2022
                                   2


judgment and order passed by Civil Judge and Additional JMFC,
Tarikere in C.C.No.217/2013 dated 27-10-2013; and to grant
such other relief/s as deems fit to grant in the circumstances of
the case in the interest of justice and equity.

      This Criminal Revision Petition coming on for Orders,
through Physical Hearing/Video Conferencing Hearing this day,
the Court made the following:

                            ORDER

Called again in the afternoon.

2. Learned counsel for the petitioner who is physically

present, files a memo, seeking conversion of this revision

petition into a criminal appeal.

3. Registry also has raised an objection, regarding the

maintainability of this revision petition.

4. Learned counsel for the petitioner makes

supporting submission on the lines of the memo.

5. In view of the memo and the supporting

submission from the learned counsel for petitioner, the

present revision petition is permitted to be converted into a criminal

appeal.

Crl.R.P.No.932/2022

Registry to do the needful in this matter, however, the

conversion is subject to the further scrutiny, if any, by the

registry.

Sd/-

JUDGE

BMV*