Karnataka High Court
Keshav Benakaji Kulkarni vs State By Central on 27 June, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRL. R. P. NO.2340/2013 C/W
CRL.R.P.No.2339/2013
CRL.RP NO 2340 OF 2013
BETWEEN
ARAVIND SANKAR NAVALAGUND,
AGE: 61 YEARS, OCC: NIL,
R/O. NO. 27, "CHIDANAND",
CHIDAMBAR NAGAR,
POST: VIDYAGIRI, DHARWAD
.....PETITIONER
(BY SRI M.L. VANTI, ADV.)
AND
STATE BY CENTRAL BUREAU OF INVESTIGATION,
R/BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATKA,
DHARWAD
.....RESPONDENT
(BY SRI VENKATESHWAR KHARVI, ADV. )
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF
CR.P.C. SEEKING TO ALLOW THE APPLICATION UNDER SEC. 91 OF
CR.P.C. DATED 09.08.2012 AND DIRECTION BE ISSUED FOR
PRODUCTION OF THE RECORDS SET OUT FOR PURPOSE OF
PROCEEDINGS DATED 05.02.2013 IN SPL. CBI C.C.NO.10/2013 ON THE
FILE OF THE III-ADDL. DIST. & SESSIONS AND SPL. JUDGE FOR CBI,
DHARWAD AND SINCE THE DOCUMENTS ARE VOLUMES IT IS PRAYED
2
FOR THE CALL FOR THE RECORDS FROM III-ADDL. DIST. & SESSIONS
JUDGE, DHARWAD CBI SPL. CASE C.C.NO.10/2013.
IN CRL.RP NO 2339 OF 2013
BETWEEN
KESHAV BENAKAJI KULKARNI,
AGE: 56 YEARS, OCC: BUSINESS,
NEAR BLDE MEDICAL COLLEGE ROAD,
BIJAPUR.
.....PETITIONER
(BY SRI M.L. VANTI, ADV.)
AND
STATE BY CENTRAL BUREAU OF INVESTIGATION,
R/BY SPL. PUBLIC PROSECUTOR,
HIGH COURT OF KARNATKA,
DHARWAD.
.....RESPONDENT
(BY SRI VENKATESHWAR KHARVI, ADV.)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF
CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 26.10.2013 AND
CONSEQUENTLY ALLOW THE APPLICATION UNDER SEC. 91 R/W 233(3)
OF CR.P.C. DATED 23.08.2013 AND DIRECTION BE ISSUED FOR
PRODUCTION OF THE RECORDS SET OUT FOR PURPOSE OF
PROCEEDINGS IN SPL. CBI C.C.NO.10/2013 ON THE FILE OF THE III-
ADDL. DIST. & SESSIONS JUDGE, AND SPL. JUDGE FOR CHI, DHARWAD
AND THAT THE DOCUMENTS RESTING AT THE III-ADDL. DIST. &
SESSIONS JUDGE & SPL. JUDGE FOR CBI, DHARWAD, ARE VOLUMINOUS
IN NATURE, THIS HON'BLE COURT BE PASS AN ORDER FOR CALLING THE
3
RECORDS FROM III-ADDL. DIST. & SESSIONS JUDGE & SPL. JUDGE FOR
CBI, DHARWAD.
THESE REVISION PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
These revision petitions are filed by the petitioners against the interlocutory order passed by the trial Court under Section 91 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short).
Learned counsel for revision petitioners and learned counsel for respondent fairly admit that the revision petitions are not maintainable under Section 397(2) of Cr.P.C. Therefore, the petitioners' counsel has filed memos in both the petitions seeking conversion of revision petitions into criminal petitions under Section 482 of Cr.P.C.
The submission and both the memos are placed on record. 4 The petitioners are permitted to convert the criminal revision petitions into criminal petitions under Section 482 of Cr.P.C.
Both the criminal revision petitions are disposed off for statistical purpose.
Sd/-
JUDGE Naa