Smt. Roopa W/O. Prakash ... vs Sri Umesh S/O. Siddappa Angadi
2022 Latest Caselaw 11901 Kant

 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 16TH DAY OF SEPTEMBER, 2022

                         BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

    CRIMINAL REVISION PETITION NO. 100316 OF 2022
BETWEEN:

SMT. ROOPA W/O. PRAKASH KATENHALLI,
AGE: 37 YEARS, OCC:HOUSEHOLD WORK,
R/O. KHURDAKODIHALLI, TQ: BYADAGI,
DIST: HAVERI.

                                             ...PETITIONER
(BY SHRI A. VEERANNA, ADVOCATE FOR
SHRI VISHWANATH V.BADIGER., ADVOCATE)

AND:

SRI. UMESH S/O. SIDDAPPA ANGADI,
AGE: 37 YEARS, OCC: BUSINESS,
R/O. APMC YARD, BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
                                           ...RESPONDENT

       THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397
R/W SEC.401 OF CR.P.C, 1973, SEEKING TO SET-ASIDE THE
JUDGMENT DATED 10.12.2021 PASSED IN CRIMINAL APPEAL
NO.26/2020 BY II ADDL. DISTRICT AND SESSIONS JUDGE,
HAVERI, (SITTING AT RANEBENNUR) BY CONFIRMING THE
JUDGMENT DATED 07.02.2020 PASSED IN C.C.NO.30/2013 ON
THE FILE OF CIVIL JUDGE AND JMFC, BYADGI, IN THE
INTEREST OF JUSTICE AND EQUITY.

       THIS CRIMINAL REVISION PETITION IS COMING
ON FOR ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
                              -2-




                                   CRL.RP No. 100316 of 2022


                          ORDER

Heard the learned counsel for the revision petitioner.

2. In view of decision of the Division Bench of this

Court in the case of K. H. Ganesh Rao Vs. H. Gopal

reported in 2010 Crl. L.J. 4755, an appeal against acquittal

passed by the Appellate Court is maintainable before this

Court under Section 378(4) of The Code of Criminal

Procedure, (hereinafter referred to as the 'Cr.P.C.', for

brevity).

3. Learned counsel for the revision petitioner files

a memo seeking conversion of the revision petition into an

appeal under Section 378(4) of Cr.P.C. The said memo

reads thus:

"That in the top noted Rev.Petition, the counsel for Rev.Petitioner submits as follows:-

That the Rev.Petitioner/complainant challenging the order of acquittal of respondent passed by 2nd Addl.Dist. & Sessions Judge, Haveri in Crl.A.26/2020.

CRL.RP No. 100316 of 2022

Hence, the Rev.Pet most humbly prays to this Hon'ble Court may kindly be permit to convert the Crl.R.P. into Crl.A. in the interest of justice and equity."

4. In view of the memo, learned counsel for the

revision petitioner is permitted to convert the revision

petition into an appeal under Section 378(4) of Cr.P.C.

5. Learned counsel for the revision petitioner is

permitted to file amended appeal memo.

6. Registry is directed to re-register this Criminal

Revision Petition into Criminal Appeal.

7. For statistical purpose, the Criminal Revision

Petition stands disposed off.

Sd/-

JUDGE

AM