S Nagaraj vs K Murthy
2022 Latest Caselaw 9743 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF JUNE 2022

                          BEFORE

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

    CRIMINAL REVISION PETITION No.636 OF 2012

BETWEEN:

S NAGARAJ
S/O LATE S ADINARAYANA SETTY
NO.171, 2ND FLOOR
1ST CROSS, 4TH MAIN
RAJAJINAGAR INDUSTRIAL TOWN
BANGALORE-560 010.
                                            ... PETITIONER

(BY SRI. S NAGARAJ- PARTY-IN-PERSON)

AND:

K MURTHY
S/O M KANDASWAMY
R/AT MO.4166, 9TH CROSS
SUBRAMANYANAGAR
BANGALORE-560 021.
                                          ... RESPONDENT
(BY MS. VARSHA SHETTY, ADV. FOR
   SRI. VINAY MANMOHAN P.N., ADVOCATE

      THIS CRIMINAL REVISION PETITION IS FILED U/S.397 OF
CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 23.4.2011 PASSED BY THE XIII ACMM, BANGALORE IN
C.C.NO.21381/05 VIDE ANNEXURE-C, AND ORDER DATED:
21.4.12 PASSED BY THE PRL.C.C. AND J., BANGALORE IN
CRL.A.NO.379/11 VIDE ANNEXURE-A.
                                                  Crl.R.P.No.636/2012
                              2


     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING
THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The petitioner, who is appearing as party-in-person

through video conference, has filed a memo seeking

conversion of this Criminal Revision Petition into Criminal

Appeal.

The learned counsel for the respondent, who is

physically present, submits that instead of memo the

petitioner ought to have filed an application.

Though the contention of the learned counsel for the

respondent cannot be ignored or discarded, however,

considering the fact that the petitioner is appearing in

party-in-person, still he has taken ten years time to seek

conversion of this revision petition to Criminal Appeal, by

imposing cost payable by the petitioner to the respondent,

the conversion be granted as prayed.

As such, imposing cost of `10,000/- (Rupees Ten

thousand only) payable by the petitioner to the respondent Crl.R.P.No.636/2012

by depositing the same in the registry within two weeks'

from today and filing a compliance memo along with

receipt in the registry, the conversion as sought is granted.

Registry to allow said conversion however subject to

further scrutiny, if any, to be made in the petition/appeal

and after depositing of the cost ordered today, within time.

Sd/-

JUDGE

TL