Smt. S.C. Gayathri vs Sri.S.C. Shiva Prakash
2023 Latest Caselaw 8606 Kant

Karnataka High Court

Smt. S.C. Gayathri vs Sri.S.C. Shiva Prakash on 27 November, 2023

                                               -1-
                                                      CRL.RP No. 1410 of 2023
                                                           NC: 2023:KHC:42768




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                            BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                    CRIMINAL REVISION PETITION NO.1410 OF 2023
                   BETWEEN:

                        SMT. S.C.GAYATHRI
                        D/O LATE CHANNABASAVAIAH
                        AGED ABOUT 53 YEARS
                        R/AT NO.8, GROUND FLOOR,
                        5TH A MAIN ROAD,
                        SATHYANARAYANA ROAD,
                        KAMAKSHIPALYA, KAVERINAGAR,
                        NO. 200, GANAPATI NAGAR,
                        BENGALURU - 560 079
                                                                ...PETITIONER
                   (BY SRI. NAGESH S, ADVOCATE)

                   AND:

                   1.   SRI. S.C.SHIVA PRAKASH
                        S/O LATE CHANNABASAVAIAH,
Digitally signed        AGED ABOUT 63 YEARS
by MADHURI S            R/AT 9TH A CROSS, 3RD MAIN
Location: High
Court of                LIG QUARTERS, KENGARI UPANAGARA
Karnataka               NEAR HOYSALA CIRCLE,
                        BENGALURU - 60.

                   2.   SRI S.C.YOGESHWARA
                        S/O LATE CHANNABASAVAIAH,
                        AGED ABOUT 59 YEARS
                        R/AT 666, 17TH CROSS, 6TH PHASE,
                        J.P. NAGAR, BENGALURU - 78

                   3.   SRI S.C. RAVISHANKAR
                        S/O LATE CHANNABASAVAIAH,
                        AGED ABOUT 49 YEARS
                             -2-
                                   CRL.RP No. 1410 of 2023
                                         NC: 2023:KHC:42768




     R/AT 666, 17TH CROSS, 6TH PHASE,
     J.P. NAGAR, BENGALURU - 78

4.   SMT. S.C.UMAKANTHA
     D/O LATE CHANNABASAVAIAH,
     W/O C.H.CHANDRASHEKAR
     AGED ABOUT 66 YEARS
     R/AT 157, BANASHREE 6TH CROSS
     WARD NO.128, TEACHERS COLONY
     BENGALURU - 72
                                            ...RESPONDENTS

     THIS CRL.RP IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT DATED
08.06.2023 PASSED BY LX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-61) IN CRIMINAL
REVISION PETITION NO.713/2019 AND SET ASIDE THE ORDER
OF DISMISSAL IN P.C.R.NO.12823/2017 ON THE FILE OF THE
44TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BENGALURU BY ALLOWING THIS PETITION; b) REMAND THE
MATTER TO THE TRIAL COURT AND DIRECT THE LEARNED 44TH
ADDITIONAL    CHIEF   METROPOLITAN    MAGISTRATE    AT
BENGALURU TO ISSUE PROCESS AGAINST THE RESPONDENTS
FOR THE OFFENCES UNDER SECTIONS 416, 420, 465, 471,
504 OF IPC AND PASS SUCH OTHER ORDER AS THIS HON'BLE
COURT DEEMS TO FIT IN THE INTEREST OF JUSTICE.

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

                          ORDER

Learned counsel for the petitioner has filed a memo

seeking permission to covert this Criminal Revision Petition

into Criminal Petition. The said memo is taken on record.

NC: 2023:KHC:42768

In the light of the same, permission is granted to

covert this Criminal Revision Petition into Criminal Petition.

For statistical purpose this Criminal Revision Petition

is disposed of.

Sd/-

JUDGE

RR