Karnataka High Court
Sri. K.V. Maridevaru vs Sri. Radha Ramana on 14 February, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE Mr. JUSTICE P.G.M. PATIL
CRL. R.P. No. 805/2018
BETWEEN :
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Sri. K.V. Maridevaru
Aged about 51 years
S/o. K. Veerappa
Director, Space Providers
No. 29, 1st Main, 3rd Cross
Muniveerappa Layout
Shyampura
Bengaluru - 43. ... PETITIONER
(By Sri. M.V. Chandrashekara, Adv.)
AND :
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Sri. Radha Ramana
Major
S/o. Late Subbaiah
R/a. No. 97, 3rd Cross
Dollars Colony
BTM Layout I Stage
Bengaluru - 560 027. ... RESPONDENT
(Served)
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This Crl.R.P. is filed under Section 397 Cr.P.C. with a
prayer to quash the order dated 25.01.2018 dismissing the
complaint of the complainant in C.C. No. 10026/2015 and
etc.
This Crl.R.P. coming on for Admission this day, the
court passed the following;
ORDER
Learned counsel for petitioner after arguing the matter for some time filed a memo seeking permission to convert the criminal revision petition filed under Section 397 Cr.P.C. to that of a criminal appeal under Section 378(4) of Cr.P.C.
2. Heard learned counsel for petitioner.
3. In view of the judgment of the Hon'ble Supreme Court in the case of V.K. Bhat Vs. G. Ravi Kishore and another, Criminal Appeal No. 184/2016 reported in (2016) 13 SCC 243, revision petition is not maintainable where the dismissal of the complaint under Section 256 Cr.P.C. tantamount acquittal of the accused. Therefore, appeal lies to the High Court under Section 378(4) Cr.P.C.
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4. Memo is placed on record. Under these circumstances, petitioner is permitted to convert the criminal revision petition into a criminal appeal under Section 378(4) Cr.P.C. Petitioner is permitted to carry out the necessary amendment in the petition so as to convert the same into a criminal appeal. Thereafter, Registry is directed to post the matter before the appropriate Bench. For statistical purpose this revision petition is disposed of.
Sd/-
JUDGE LRS.