Smt Hemalatha K M vs H V Vishwanatha
2022 Latest Caselaw 12920 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF NOVEMBER 2022

                               BEFORE

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

    CRIMINAL REVISION PETITION No.1324 OF 2022

BETWEEN:

Smt.Hemalatha K.M.,
W/o H.V.Vishwanatha,
D/o. K.G.Mallikarjunachar,
Aged about 30 years,
House Wife,
R/at Narayanapura Village,
Javooru Post, Shivani Hobli,
Ajjampura Taluk,
Chikkamagaluru District.                          .. Petitioner

 ( By Sri B.Purandara, Advocate )

AND:

H.V.Vishwanatha,
S/o late Vasudevachar,
Aged 36 years,
Welding Work,
R/at Hosahalli Village,
2nd Camp, Sasivehalli Hobli,
Hanagavadi Post,
Honnali Taluk,
Davanagere District.                              .. Respondent

       This Criminal Revision Petition is filed under Section 397
read with Section    401    of Cr.P.C. praying to set aside the
judgment and order dated 09.09.2022 passed by the Principal
Judge,    Family   Court,   at   Chikkamagaluru     in   Crl.Appeal
                                                  Crl.R.P.No.1324/2022
                                   2


No.97/2022, confirm the judgment and order dated 22.02.2021
passed   by   the   Addl.Civil    Judge   and   JMFC,   Tarikere   in
Crl.Misc.No.283/2019 and to pass such other orders that this
Hon'ble Court deems fit in the circumstances of the case by
allowing this petition 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

Learned counsel for the petitioner has filed a memo

dated 08.11.2022, seeking conversion of this criminal

revision petition into a criminal petition.

2. The registry has also raised an objection regarding

maintainability of this criminal revision petition against the

impugned order.

3. In view of the above and also in view of the

submission made by the learned counsel for the petitioner,

which is on the lines of the memo, the conversion as

sought for is granted. Registry is directed to permit

conversion of this Criminal Revision Petition into Criminal Crl.R.P.No.1324/2022

Petition, however, subject to further scrutiny, if any, to be

made by the registry in this regard.

Sd/-

JUDGE

bk/