State By Vidyanagara Police ... vs T. V. Mallikarjunappa @ Telagi ...
2022 Latest Caselaw 7811 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 31ST DAY OF MAY 2022

                             BEFORE

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

       CRIMINAL REVISION PETITION No.429 OF 2022

BETWEEN:

State by Vidyanagara Police Station,
By State Public Prosecutor,
High Court Building,
Bengaluru-560 001.                              .. Petitioner

 ( By Sri Rahul Rai K., HCGP)

AND:

1. T.V.Mallikarjunappa @ Telagi,
   Malleshappa S/o Veerappa,
   55 years, R/o.1167/2,
   Kumbarapete,
   Davanagere-577 001.

2. Vijayakumar @ Telagi Vijaya,
    S/o Veerappa,
   50 years, R/o.1167/2,
   Kumbarapete,
   Davanagere-577 001.

3. Basavaraja,
   S/o Nagendrappa,
   34 years,
   R/o.Betur Village,
   Davanagere Taluk-577 001.                    .. Respondents

       This Criminal Revision Petition is filed under Sections 397
and 401 Cr.P.C. praying to call for the records in Criminal
                                                       Crl.R.P.No.429/2022
                                    2


Appeal No.123/2016 dated 24.06.2020 on the file of the learned
II   Addl.District    and     Sessions     Judge,     Davanagere    and
C.C.No.1432/2014 on the file of III Addl.Senior Civil Judge and
JMFC,      Davanagere,      and   set   aside   the   judgment     dated
24.06.2020 passed by the learned II Addl.District & Sessions
Judge, Davanagere in Criminal Appeal No.123/2016 and confirm
the judgment dated 03.12.2016 in C.C.No.1432/2014 passed
by   the    learned   III    Addl.Senior    Civil   Judge   and    JMFC,
Davanagere, and grant any other relief or reliefs of this Hon'ble
Court deems fit in the facts and circumstances of the case in
the interest of justice and equity.


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


                                  ORDER

Perused the memo filed by the learned High Court

Government Pleader appearing for the petitioner seeking

for conversion of this Criminal Revision Petition into

Criminal Appeal.

2. Heard the submission of learned High Court

Government Pleader.

3. Since according to the office objections, against

the impugned order, it is the Criminal Appeal which arises, Crl.R.P.No.429/2022

but, not the Criminal Revision Petition, the conversion as

prayed for is granted, however, subject to further scrutiny,

if any, to be made by the registry in this regard.

Sd/-

JUDGE

bk/