Mr. S.Nagaraju vs Smt. Pushpa
2022 Latest Caselaw 12645 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH DAY OF OCTOBER 2022

                           BEFORE

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

    CRIMINAL REVISION PETITION No. 746 OF 2021

BETWEEN:

Mr. S.Nagaraju,
S/o Subbanna,
Major,
R/o No.21/8,
"Sri Laxmi Siddeshwara Nilaya"
Siddalingappa Memorial Hospital,
Konanakunte Cross,
Kanakapura Main Road,
Bengaluru.
                                              .. Petitioner

 ( By Sri. Jayadevappa N.D., Advocate )

AND:

Smt. Pushpa,
W/o Anniyappa,
Aged about 48 years,
R/o No.19, A.P.S. Road,
Sajjan Rao Circle,
V.V.Puram,
Bengaluru- 560004.
                                               .. Respondent

      This Criminal Revision Petition is filed under Section 397
read with Section 401 Cr.P.C. praying to call for records from
the courts below be pleased to set aside the judgment dated
10.03.2020 passed by the learned LXV Addl. City Civil and
Sessions Judge, Bengaluru City in Crl.A.No.95/2018 and also
set aside the judgment of conviction and order dated
                                                  Crl.R.P.No.746/2021
                                 2


21.12.2017 passed by the XVI Addl. Chief Metropolitan
Magistrate, Bengaluru in C.C No.30580/2014 and dismiss the
complaint filed by the respondent and acquit the petitioner for
the offences alleged against the petitioner, in the interest of
justice.


      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 is neither present

physically nor through video conference.

2. Learned counsel for the petitioner has filed a

memo as not pressing the present petition, however, he

has sought the liberty to approach this Court to file a fresh

petition. No reasons are shown in the memo as to why he

requires such a liberty of approaching this Court once

again with a fresh petition.

3. The learned counsel also remained absent

showing no reason for his non-appearance today. The

Registry also not raised any objections regarding

maintainability of this petition, as such, in the absence of

any specific reason for the liberty to file a fresh petition, Crl.R.P.No.746/2021

the same cannot be granted, as such, without reserving

any liberty to file a fresh petition, the present petition

stands dismissed as not pressed.

Sd/-

JUDGE

SKS