K H Munivenkata Swamy vs Sri. Prakash
2023 Latest Caselaw 1543 Kant

                                        -1-
                                                CRL.RP No. 191 of 2022




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
                CRIMINAL REVISION PETITION NO. 191 OF 2022

            BETWEEN:

            K. H. MUNIVENKATA SWAMY,
            S/O. HANUMANTHARAYAPPA,
            AGED ABOUT 50 YEARS,
            R/AT KOLATHURU VILLAGE,
            KASABA HOBLI, HOSAKOTE TALUK,
            BANGALORE RURAL - 562 114.
                                                          ...PETITIONER
            (BY SRI. BABU, ADVOCATE)

            AND:

            SRI. PRAKASH,
            S/O. KENCHAPPA,
            AGED ABOUT 35 YEARS,
            R/AT SULURU VILLAGE,
            VAKKALERI HOBLI,
            KOLAR DISTRICT.
Digitally
signed by                                                ...RESPONDENT
SUMA
Location:
HIGH              THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401
COURT OF    OF CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE II
KARNATAKA
            ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR IN
            CRL.A.NO.52/2021 DATED 17.12.2021 IN CONFIRMING THE ORDER
            PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC AT
            MALUR IN C.C.NO.234/2020 DATED 27.03.2021 AND JOINT MEMO
            DATED 27.03.2021 AND CRL.MISC.NO.31/2021 DATED 19.08.2021
            AND ALLOW THE CRIMINAL REVISION PETITION.


                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                                     -2-
                                             CRL.RP No. 191 of 2022




                                 ORDER

This revision petition is filed challenging the order of

acquittal passed by the trial Court in C.C.No.234/2020. In view

of Section 378 of Cr.P.C., an appeal is maintainable against the

judgment of acquittal.

2. Hence, the office-objection raised regarding

maintainability of this revision petition is upheld and is

dismissed as not maintainable.

Registry is directed to return the certified copy of the

impugned order and decree passed by the Courts. The time

consumed in pursuing this petition shall be deducted while

calculating the limitation, if an appeal is filed.

Sd/-

JUDGE

NR/-