Sri T R Dayananda Sagar vs Smt. Kavya
2024 Latest Caselaw 12538 Kant

Karnataka High Court

Sri T R Dayananda Sagar vs Smt. Kavya on 5 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                            -1-
                                                       NC: 2024:KHC:19377
                                                   CRL.RP No. 722 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 5TH DAY OF JUNE, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE V SRISHANANDA
                     CRIMINAL REVISION PETITION NO. 722 OF 2024
              BETWEEN:
              SRI T.R. DAYANANDA SAGAR,
              S/O. RANGAPPA,
              AGED ABOUT 58 YEARS,
              R/AT NO. 1236/B, ANJANADRI,
              10TH MAIN, 4TH CROSS,
              PRAKASHNAGAR,
              RAJAJINAGAR 3RD STAGE,
              SRIRAMPURAM,
              BENGALURU - 560 021.
                                                          ...PETITIONER
              (BY SRI. CHANDRASHEKARA H.G, ADVOCATE)

              AND:

              SMT. KAVYA,
              W/O. PRASHANTH,
              AGED ABOUT 32 YEARS,
              NO. 2004, SHRI SHANKARA NILAYA,
              3RD CROSS, NEAR SHANIMAHATMA TEMPLE
              HEROHALLI, VISHWANEEDAM POST,
              MAGADI MAIN ROAD,
Digitally     BENGLAURU - 560 091.
signed by R
MANJUNATHA                                                 ...RESPONDENT
Location:
HIGH COURT           THIS CRL.RP FILED UNDER SECTION 397 R/W 401 CR.P.C
OF
KARNATAKA
              PRAYING TO SET ASIDE THE JUDGMENT DATED 29.02.2024, PASSED
              BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
              BENGALURU IN CRL.A.NO.413/2022 AND CONFIRM THE JUDGMENT
              OF CONVICTION DATED 10.02.2022 PASSED BY THE SMALL CAUSES
              AND IV ADDL.C.M.M., BENGALURU, IN C.C.NO.3947/2020.
                                    -2-
                                                  NC: 2024:KHC:19377
                                             CRL.RP No. 722 of 2024




        THIS CRL.RP, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                 ORDER

Learned counsel for the revision petitioner has filed a

memo, which reads as under:

"The counsel for the petitioner is most respectfully submitting that the above criminal revision petition is wrongly filed under Section 397 of Cr.P.C, instead of filing Criminal Appeal under Section 378(4) of Cr.P.C, challenging the order of acquittal of the accused by the Hon'ble Sessions Court in Crl.A.No.413/2022. Therefore, the petitioner seeking the permission of this Hon'ble Court to permit the petitioner for withdrawal of the above Criminal Revision Petition with liberty to file fresh Criminal Appeal and it is humbly prayed that this Hon'ble Court may be pleased to order the office to return the original documents filed along with the above Criminal Revision Petition. It is respectfully submitted that this memo may be taken on record in the interest of justice and equity".

2. Accordingly, the revision petition is dismissed

as withdrawn with liberty as prayed for.

Sd/-

JUDGE

AG