Sri Mahadeva vs Sri Nataraj
2022 Latest Caselaw 13194 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 21ST DAY OF NOVEMBER, 2022

                             BEFORE

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

CRIMINAL REVISION PETITION NO.1409 OF 2022

BETWEEN:

Sri. Mahadeva
S/o. Sannaiah,
Aged about 52 years,
Residing at No.13th Cross,
V.V. Nagara, Kallahalli,
Mandya - 571 426.
                                                 ..Petitioner

(By Sri. S.G. Lokesh, Advocate)

AND:

Sri. Nataraj,
S/o. Rudrappa,
Aged about 51 years,
Working as Asst. Teacher,
Govt. Higher Primary School,
Uramarakasalagere Village,
Kathathi Hobli, Mandya Taluk,
Mandya Dist. 571478.
                                              .. Respondent

                                ****

     This Crl.R.P. is filed under Section 397 and Section 401 of
the Code of Criminal Procedure, 1973, praying to set aside the
judgment of Criminal Appeal No.5032/2019 dated 29-09-2022
passed by the III Additional District and Sessions Judge, Mandya
                                               Crl.R.P.No.1409/2022
                               2


sitting at Srirangapattana, to confirm the judgment of conviction
passed in C.C.No.278/2018 passed by the Addl. Senior Civil
Judge and JMFC, Pandavapura, to call for the entire records of
Crl.Appeal No5032/2019 on the file of III Additional District and
Sessions Judge, Mandya sitting at Srirangapattana and
C.C.No.278/2018 on the file of the Additional Senior Civil Judge
and JMFC, Pandavapura, and to grant such other order/orders as
this Court be pleased to deem fit and proper in the above case to
meet the ends 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

criminal revision petition into a Criminal Appeal.

3. Registry also has raised an objection, regarding the

maintainability of this criminal revision petition.

4. Learned counsel for the petitioner makes the

supporting submission on the lines of the memo.

5. In view of the objection raised by the registry and

the memo filed by the learned counsel for the petitioner Crl.R.P.No.1409/2022

today and the supporting submission made by him, the

conversion of this revision petition into a Criminal Appeal

is accorded.

The registry is directed to permit conversion of this

criminal revision petition into a criminal appeal, however,

subject to further scrutiny, if any, to be made by it in the

matter.

Sd/-

JUDGE

BMV*