Sri C R Chandru vs Sri Ravi Raj
2023 Latest Caselaw 2060 Kant

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                                                           CRL.RP No. 163 of 2015



                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 28TH DAY OF MARCH, 2023
                                               BEFORE
                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                      CRL.R.P. No. 163 OF 2015
                   BETWEEN:
                   SRI C.R. CHANDRU
                   S/O LATE CHANDRAPPA
                   AGED ABOUT 61 YEARS
                   PROP. CENTURY TRADERS
                   SAVARLINE ROAD
                   SHIMOGA - 577 201.
                                                                        ...PETITIONER
                   (BY SRI JAGADEESH D.C, ADV.)
                   AND:
Digitally signed   SRI RAVI RAJ
by B A KRISHNA     S/O RAMACHANDRACHAR
KUMAR
Location: High     AGED ABOUT 45 YEARS
Court of
Karnataka          R/O PARVATHI NILAYA
                   HYGREEVA NAGAR
                   NIDRALLI, UDUPI DISTRICT
                   PIN CODE - 576 101..
                                                                       ...RESPONDENT
                   (BY SRI K. RAVINDRANATH, ADV.)


                         THIS CRL.R.P. IS FILED U/S.397 R/W 401CR.P.C PRAYING TO
                   SET    ASIDE   THE    ORDER    DATED    25.11.14  PASSED   IN
                   CRL.A.NO.53/2012 BY THE II ADDL. DIST. & SESSIONS JUDGE,
                   SHIMOGA AND CONSEQUENTLY DISMISS THE CRL.A NO.53/2012
                   FILED BY THE ACCUSED WITH COSTS.

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

                                               ORDER

Learned Counsel for the petitioner submits that as against

the impugned judgment and order of acquittal dated

25.11.2014 passed by the II Addl. District & Sessions Judge,

CRL.RP No. 163 of 2015

Shivamogga in Crl.A.No.53/2012, he should have preferred an

appeal under Section 378(4) of Cr.PC before this Court and by

inadvertence, he has preferred this revision petition under

Section 397 of Cr.PC, and he accordingly seeks permission of

this Court to convert this revision petition into an appeal under

Section 378(4) of Cr.PC.

2. The aforesaid submission is placed on record.

Petitioner is permitted to convert this revision petition filed

under Section 397 Cr.PC into an appeal under Section 378(4)

Cr.PC. In compliance of the requirement of Section 378(4) of

Cr.PC, learned Counsel for the petitioner shall file an application

seeking leave of this Court to prefer an appeal.

3. For all statistical purposes, this revision petition stands

disposed of.

SD/-

JUDGE

KK