Karnataka High Court
Nateshan Sundar vs P. Padmini Priya on 19 June, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:21863
CRL.RP No. 1692 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.1692 OF 2023 (397)
BETWEEN:
NATESHAN SUNDAR
S/O LATE M NATESHA MUDALIAR,
AGED ABOUT 49 YEARS,
R/AT NO 168, 1ST FLOOR,
SEPPINGS ROAD, SHIVAJINAGAR,
BENGALURU 560001
...PETITIONER
(BY SRI. S G BHAGAVAN., ADVOCATE)
AND:
1. P. PADMINI PRIYA
W/O NATESHAN SUNDER,
Digitally signed AGED ABOUT 48 YEARS,
by R DEEPA NO 510, 5TH CROSS,
Location: HIGH C WING, SKYLINE APARTMENTS,
COURT OF CHANDRA LAYOUT, BANGALORE 560040
KARNATAKA
2. BABY MEENA
D/O NATESHAN SUNDER,
AGED ABOUT 22 YEARS,
NO 510, 5TH CROSS,
C WING, SKYLINE APARTMENTS,
CHANDRA LAYOUT, BANGALORE 560040
3. SAI GANESH
S/O NATESHAN SUNDER,
AGED ABOUT 20 YEARS,
NO 510, 5TH CROSS,
-2-
NC: 2024:KHC:21863
CRL.RP No. 1692 of 2023
C WING, SKYLINE APARTMENTS,
CHANDRA LAYOUT, BANGALORE 560040
ALL THE RESPONDENTS ARE
PRESENTLY RESIDING AT FLAT NO 201,
II FLOOR, PLOT NO 571,
DASHARATHA RESIDENCY, RAILWAY HOUSE
BUILDING
CO-OPERATIVE, SOCIETY LIMITED,
MALLATHAHALLI VILLAGE,
YESHWANTHAPURA HOBLI,
BENGALURU NORTH TALUK 560056
...RESPONDENTS
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 27.09.2023 PASSED BY THE
IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU IN CRL.MISC.NO.299/2014 FILED U/S
125(1)(a)(b) OF CR.P.C. AND TO DISMISS IT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition.
2. The memo reads as under:
"He has filed the above petition under Sections 397 and 401 of the Criminal Procedure Code against the order passed by the IV Additional Principal Judge, Family Court, Bengaluru in Crl.Misc.No.299/2014 filed by the first respondent under Section 125 of Cr.P.C. He ought to have filed a Revision Petition Family Court by invoking the provision of the Family -3- NC: 2024:KHC:21863 CRL.RP No. 1692 of 2023 Courts Act. The filing of the above petition is by inadvertence. It is regretted.
He prays that he be permitted to withdraw the above petition with liberty to file a Revision Petition Family Court against the said order. He prays that he may be granted the benefit under Section 14 of the Limitation Act. He further prays that the Registry may be directed to return the certified copy of the impugned order."
3. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for and time spent in this revision petition shall be excluded for the purpose of computation of limitation under Section 14 of the Limitation Act, 1963.
Sd/-
JUDGE SSB