Sri B Lingaraju vs Smt Radhika S
2023 Latest Caselaw 3251 Kant

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                                                  NC: 2023:KHC:20433
                                                  CRL.RP No. 746 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 14TH DAY OF JUNE, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH


                  CRIMINAL REVISION PETITION NO. 746 OF 2023


              BETWEEN:

                 SRI B LINGARAJU
                 S/O LATE BOOSIGOWDA,
                 AGED ABOUT 67 YEARS,
                 R/AT HIREMARALLI VILLAGE,
                 KASABA HOBLI,
                 PANDAVAPURA TALUK M
                 ANDYA DISTRICT 571 434
Digitally
signed by N                                                ...PETITIONER
UMA
              (BY SRI. ASHOKA. L., ADVOCATE FOR
Location:
HIGH
COURT OF          SRI. ANIL KUMAR H S.,ADVOCATE)
KARNATAKA
              AND:

                 SMT. RADHIKA S
                 AGED ABOUT 47 YEARS,
                 TECHINICIAN 1 PLANNING SECTION,
                 RAILWAY CENTRAL WORKSHOP
                 MANDHAVADI ROAD,
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                                   NC: 2023:KHC:20433
                                    CRL.RP No. 746 of 2023




      ASHOKPURAM, MYSORE 570008.



                                               ...RESPONDENT


       THIS CRL.RP IS FILED U/S 397 & 401 CR.PC PRAYING TO

ALLOW THIS RP AND SET ASIDE THE JUDGMENT DATED

27.02.2023 PASSED IN CRL.A.NO.5048/2021 ON THE FILE OF

THE III ADDL.DISTRICT AND SESSIONS JUDGE MANDYA

SITTING AT SRIRANGAPATNA SETTING ASIDE THE JUDGMENT

AND     THE   SENTENCE   DATED    27.11.2021    PASSED   IN

C.C.NO.868/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE

AND J.M.F.C AT PANDAVAPURA AND THEREBY ALLOW THE

COMPLAINT FILED BY THE COMPLAINANT/PETITIONER HEREIN

AND CONVICT THE ACCUSED/RESPONDENT.




       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC:20433
                                        CRL.RP No. 746 of 2023




                            ORDER

The criminal revision petition is filed by the complainant

being aggrieved by the order of acquittal passed by the

appellate Court. Against the order of acquittal, the petitioner

should have filed criminal appeal before this Court. However,

by inadvertently criminal revision petition has been filed which

needs to be modified.

In exercise of power vested under the provisions of

Section 401 (5) of Code of Criminal Procedure, registry is

directed to convert this criminal revision petition into criminal

appeal and list the matter before the bench having roster.

The learned counsel for the petitioner is directed to file

appeal memorandum within a period of two weeks from today.

For statistical purpose, the criminal revision petition is

disposed of.

Sd/-

JUDGE

SA