Mary V M vs Sadananda
2023 Latest Caselaw 3274 Kant

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                                                    NC: 2023:KHC:20471
                                                       CRL.RP No. 796 of 2017




                     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. 796 OF 2017
                   BETWEEN:
                   MARY V M
                   W/O DENNIS MENEZES
                   PADDADKA HOUSE
                   KONALU VILLAGE AND POST
                   PUTTUR TALUK
                   D.K DISTRICT - 574 201.
Digitally signed
by N UMA                                                        ...PETITIONER
Location: HIGH     (BY SRI. SHARATH P H, ADVOCATE FOR
COURT OF               SRI. SACHIN B S, SR. COUNSEL)
KARNATAKA
                   AND:
                   SADANANDA
                   S/O KRISHNA
                   AGED ABOUT 81 YEARS
                   R/A NEAR ST.GEORGE HIGH SCHOOL
                   NELLYADI VILLAGE AND POST
                   PUTTUR TALUK, D.K
                   574 201.

                                                               ...RESPONDENT
                   (BY SRI. S. RAJASHEKAR, ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C R
                   PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
                   20.06.2017 IN CRL.A.NO.5027/2016 ON THE FILE OF V ADDL.
                   DIST. AND S.J., D.K. SITTING AT PUTTUR, D.K. BY
                   CONFIRMING    THE    JUDGMENT   DATED   02.11.2016   IN
                   C.C.NO.152/2014 ON THE FILE OF PRL. CIVIL JUDGE AND
                   JMFC, PUTTUR, D.K., CONSEQUENTLY ALLOW THE PETITION AS
                   PRAYED FOR, IN THE INTEREST OF JUSTICE.
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                                       NC: 2023:KHC:20471
                                          CRL.RP No. 796 of 2017




     THIS CRIMINAL REVISION PETITION, COMING ON FOR
FINAL HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:


                             ORDER

1. Heard Sri.Sharath P.H, learned counsel appearing

on behalf of Sri.Sachin B.S., learned counsel for the petitioner

and Sri.S.Rajashekar, learned counsel for the respondent.

2. On perusal of the petition, it appears that the Trial

Court acquitted the accused, being aggrieved by the same, an

appeal was preferred by the complainant before the Appellate

Court. The Appellate Court reversed the acquittal order and

convicted the accused, against which, the petitioner herein had

to file an appeal before this Court, however, inadvertently, the

revision petition is filed by the petitioner, which is not

maintainable.

3. In exercise of power vested under Section 401(5) of

Cr.P.C, the Registry is directed to convert the Criminal

Revision Petition into Criminal Appeal.

NC: 2023:KHC:20471 CRL.RP No. 796 of 2017

4. The learned counsel for the petitioner is directed to

file the appeal memo to that effect within a period of two

weeks from today.

5. Registry is directed to post this case before the

appropriate Bench having roster.

6. For statistical purpose, this criminal revision petition

is disposed of, accordingly.

Sd/-

JUDGE

UN