M/S. Bhoomika Infinite Shelters ... vs Sri. M. Nagaraj Reddy
2023 Latest Caselaw 2194 Kant

                                            -1-
                                                       CRL.P No. 3035 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF APRIL, 2023

                                         BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                          CRIMINAL PETITION NO. 3035 OF 2023
                BETWEEN:

                1.    M/S. BHOOMIKA INFINITE SHELTERS PVT. LTD.,
                      HAVING ITS REGISTERED OFFICER AT NO.3541,
                      GROUND FLOOR,
                      2ND CROSS, 13TH 'H' MAIN HAL
                      2ND STAGE,
                      INDIRA NAGAR,
                      BANGALORE-560 038,
                      KARNATAKA, INDIA.
                                                             ...PETITIONER
                (BY SRI. N. VISHWANATH, ADVOCATE)

                AND:

                1.    SRI. M. NAGARAJ REDDY,
Digitally
signed by             S/O LATE MUNISWAMY REDDY,
RENUKA V              AGED ABOUT 70 YEARS,
Location:
High Court of         R/AT NO 1089, 12TH MAIN,
Karnataka             HAL II STAGE, INDIRANAGAR,
                      BANGALORE-560 038.

                2.    SMT. LALITHA DIVAKAR,
                      W/O SRI MANJUNATH,
                      AGED ABOUT 45 YEARS,
                      NO 108, C-BLOCK, 'MALAPRABHA',
                      NATIONAL GAMES VILLAGE,
                      KORAMANGALA,
                      BANGALORE.
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                                         CRL.P No. 3035 of 2023




    ALSO R/AT :
    LAKE VIN VALLEY RESIDENCY,
    FLAT NO 301, III FLOOR,
    HALAGARADEHALLI MAIN ROAD,
    NEAR OLD MANIPAL HOSPITAL,
    RAJARAJESWARI NAGAR,
    BANGALORE-560 098
                                                ...RESPONDENTS

     THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
A. ALLOW THIS PETITION AND TO SET ASIDE THE JOINT MEMO
DATED   16.01.2020   (ANNEXURE      C)    AS   THE   SAME   WAS
EXECUTED IN THE ABSENCE OF THE PETITIONER, WITHOUT
THE CONSENT NOR APPROPRIATE AUTHORIZATION OF THE
PETITIONER AND ETC.,

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

Learned counsel for the petitioner is not present.

The office raised objections regarding the

maintainability of this petition under Section 482 of Cr.P.C

for challenging the order of conviction and sentence

passed by the Trial Court. This Court already taken a view

in similar circumstances that the judgment of conviction

and sentence passed by the Trial Court is appealable

CRL.P No. 3035 of 2023

under Section 374 of Cr.P.C and not under Section 482 of

Cr.P.C.

Accordingly, the criminal petition is dismissed as not

maintainable with liberty to approach Sessions Judge by

filing the appeal.

Office is directed to return the documents to the

advocate.

Sd/-

JUDGE

HDK

CT:SNN