Sri Govindappa vs State Of Karnataka By
2024 Latest Caselaw 6389 Kant

Karnataka High Court

Sri Govindappa vs State Of Karnataka By on 4 March, 2024

                                           -1-
                                                       NC: 2024:KHC:9134
                                                 CRL.RP No. 1255 of 2016




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 4TH DAY OF MARCH, 2024
                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                CRIMINAL REVISION PETITION NO. 1255 OF 2016
             BETWEEN:
                SRI GOVINDAPPA
                S/O RAJAPPA
                AGED ABOUT 45 YEARS
                RESIDENT AT NO.27
                SANJAYGANDHI NAGAR,
                PIPELINE ROAD, GORAGUNTEPALYA,
                BANGALORE RURAL DISTRICT - 562 106.

                                                           ...PETITIONER
             (BY SRI. S G RAJENDRA REDDY, ADVOCATE)
             AND:
                STATE OF KARNATAKA BY
                YALAHANKA TRAFFIC POLICE STATION,
                BANGALORE RURAL DISTRICT,
                REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally       HIGH COURT BUILDING,
signed by
SUDHA S         DR.B.R.AMBEDKAR VEEDHI,
Location:       BANGALORE-560 001
HIGH COURT
OF
KARNATAKA
                                                          ...RESPONDENT
             (BY SRI. RAHUL RAI K, HCGP)


                  THIS CRL.RP FILED U/S.397 R/W 401 CR.P.C PRAYING
             TO SET ASIDE THE JUDGMENT AND ORDER DATED 11.08.2015
             IN CRL.A.NO.1161/2014 PASSED BY THE LXII ADDITIONAL
             CITY CIVIL AND SESSIONS JUDGE (CCH-63) AND ETC.,

                  THIS PETITION, COMING ON FOR FURTHER HEARING,
             THIS DAY, THE COURT MADE THE FOLLOWING:
                               -2-
                                            NC: 2024:KHC:9134
                                      CRL.RP No. 1255 of 2016




                           ORDER

1. This Revision Petition is arising out of the judgment and

order of the Appellate Court, wherein the Appellate Court

recorded the conviction as against the order of acquittal

passed by the Trial Court. In such circumstances, the

petitioner herein should have filed an appeal before this

Court. However, the petitioner filed Criminal Revision

Petition, which is not maintainable.

2. Considering the said aspect and also exercising the

inherent jurisdiction vested under Section 401(5) of the

Code of Criminal Procedure (for short 'Cr.P.C'), it is

appropriate to direct the Registry to convert the Criminal

Revision Petition into Criminal Appeal. Registry is

directed to convert the same after receiving the appeal

memo from the petitioner.

3. Since the petitioner has approached the wrong forum, the

time elapsed in approaching this forum may be liberally

considered, in case, if an application for condonation of

delay is filed.

NC: 2024:KHC:9134

4. For the statistical purpose, the Criminal Revision Petition

stands disposed of.

Sd/-

JUDGE

UN