Fakkirappa S/O Basavanneppa ... vs Smt Rekha W/O Fakkirappa Mugalikatti
2024 Latest Caselaw 10892 Kant

Karnataka High Court

Fakkirappa S/O Basavanneppa ... vs Smt Rekha W/O Fakkirappa Mugalikatti on 22 April, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                    -1-
                                                            NC: 2024:KHC-D:6601
                                                            CRL.P No. 101188 of 2024




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 22ND DAY OF APRIL, 2024
                                                  BEFORE
                           THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                  CRIMINAL PETITION NO. 101188 OF 2024

                      BETWEEN:

                      FAKKIRAPPA S/O BASAVANNEPPA MUGALIKATTI,
                      AGED ABOUT 44 YEARS, OCC. AGRICULTURE,
                      R/O. HERUR TALUK, HANAGAL,
                      DIST. HAVERI-581148.
                                                                        ... PETITIONER
                      (BY SRI. SANTOSH B. MANE, ADVOCATE)

                      AND:

                      1.     SMT. REKHA W/O FAKKIRAPPA MUGALIKATTI,
                             AGED ABOUT 30 YEARS,

                      2.     KUM BHUMIKA
                             D/O FAKKIRAPPA MUGALIKATTI,
                             AGED ABOUT 5 YEARS,
                             MINOR R/BY NATURAL
                             MOTHER RESPONDENT NO.1
                             BOTH ARE R/O C/O SHEKHAPPA
                             S/O SANNABASAPPA NEGALUR
Digitally signed by
                             NEAR POST OFFICE ADUR-581101
VIJAYALAKSHMI M
KANKUPPI                     TQ. HANAGAL, DIST. HAVERI.
Location: HIGH
COURT OF
KARNATAKA
                                                                      ... RESPONDENTS
DHARWAD BENCH


                            THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                      SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 26.06.2023
                      PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE,
                      FTSC-I, HAVERI IN CRL. REVISION PETITION NO.46/2023 WHEREBY
                      MODIFYING THE WELL CONSIDERED JUDGMENT AND AWARD DATED
                      29.12.2022 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC ACT
                      HANGAL IN CRL. MISC. NO.8/2019, IN THE INTEREST OF JUSTICE
                      AND EQUITY.

                          THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                 -2-
                                       NC: 2024:KHC-D:6601
                                       CRL.P No. 101188 of 2024




                              ORDER

Leaned counsel for the petitioner files a memo

seeking withdrawal of the petition with liberty to file a

Criminal Revision Petition.

2. Memo reads thus,

"Since the above petition is not maintainable in view of the fact that petitioner is require to invock(sic) the jurisdiction of Revision the above petition may be dismissed as withdrawn with liberty to file Criminal Revision Petition."

3. In view of the memo, the petition is dismissed

as withdrawn with liberty to file a Criminal Revision

Petition.

4. Registry is directed to return all documents to

learned counsel for the petitioner. The petitioner is entitled

for the benefit under Section 14 of the Limitation Act,

1963.

Sd/-

JUDGE DSP CT:BCK