R Vijaya Raghavan vs B Kumar @ Balakrishna
2024 Latest Caselaw 4507 Kant

Karnataka High Court

R Vijaya Raghavan vs B Kumar @ Balakrishna on 14 February, 2024

                                      -1-
                                                   NC: 2024:KHC:6228
                                              CRL.RP No. 167 of 2022




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                DATED THIS THE 14TH DAY OF FEBRUARY, 2024
                                    BEFORE
                    THE HON'BLE MR JUSTICE S RACHAIAH
                CRIMINAL REVISION PETITION NO. 167 OF 2022
            BETWEEN:

               R VIJAYA RAGHAVAN
               S/O P S RASJAGOPALAN
               AGED 60 YEARS
               R/AT THUMBADEVANAHALLY
               VILLAGE, AREHALLY HOBLI, BELUR TQ
               HASSAN DIST - 573 101.

                                                        ...PETITIONER
            (BY SRI. H B CHANDRASHEKAR H B, ADVOCATE)

            AND:
               B KUMAR @ BALAKRISHNA
               S/O BALAKRISHNA
               AGED ABOUT 57 YEARS
               RESIDING AT CHAMPAKA
               NAGARE EXTENSION, SAKALESHPURA
Digitally      HASSAN DIST - 573 134.
signed by
SUDHA S
Location:                                             ...RESPONDENT
HIGH
COURT OF
KARNATAKA        THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
            TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL
            DATED 20.03.2021 PASSED BY THE II ADDITIONAL DISTRICT
            AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.295/2019 AND
            UPHOLD THE JUDGMENT AND ORDER OF CONVICTION AND
            SENTENCE DATED 18.09.2019 PASSED BY THE ADDITIONAL
            CIVIL JUDGE AND JMFC, SAKALESHPURA IN C.C.NO.897/2016
            AND ETC.,

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
            THE COURT MADE THE FOLLOWING:
                                    -2-
                                                   NC: 2024:KHC:6228
                                              CRL.RP No. 167 of 2022




                                 ORDER

1. The learned counsel for the petitioner has filed a

memo seeking to convert the criminal revision petition into

criminal appeal and the same is taken on record.

2. It is settled principle that, as against the order of

acquittal passed by the Appellate Court, the appeal is

maintainable before this Court. However, the

complainant/petitioner herein has preferred this revision, which

is not maintainable. Therefore, it is directed the Registry to

convert the revision petition into criminal appeal.

3. The Registry is directed to convert the criminal

revision petition into criminal appeal, after receiving the appeal

memo by the petitioner.

4. The petitioner is directed to file appeal memo within

a period of two weeks from today.

5. For statistical purpose, the criminal revision petition

stands disposed of, accordingly.

NC: 2024:KHC:6228

6. Registry is directed to return the certified copy of

the orders of both the Courts on receiving the copy of the

same.

Sd/-

JUDGE

JS