The High Court of Karnataka at Bengaluru allowed the petitioner to withdraw the filed Criminal Revision Petition under Section 397 Cr.P.C. with liberty to file an appeal under Section 378(4) Cr.P.C. against the acquittal order.
Pte permitted to withdraw Cr.R.P. with liberty to file appeal under Section 378(4) Cr.P.C.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1076 OF 2014
BETWEEN:
M.LOKESH, S/O. LATE MARI GOWDA, R/AT NO.341, 4TH MAIN, SECOND STAGE, KUMAR SWAMY LAYOUT, BENGALURU - 560 078.
…PETITIONER
(BY SRI. SURENDRA KUMAR N., ADVOCATE)
AND:
Digitally signed by REKHA ANKAIAH Location: High Court of Karnataka
K. MADHUSUDHANA, PROPRIETOR, VASTHU GRUHA ENGINEERS, CONSTRUCTION AND CONSULTANTS NO.141, 1 K BLOCK, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE - 560 010.
…RESPONDENT
(BY SRI. D.R.SUNDARESHA, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-XII BENGALURU CITY, IN CRL.A.NO.656/2013 DATED 17.09.2014. AND CONFIRM THE JUDGMENT PASSED BY THE XVI-ACMM COURT,
BENGALURU CITY IN C.C.NO.435/2009 DATED 19.11.2013 AND THEREBY ALLOW THE REV. PETITION. THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that as against the order of acquittal passed by the Lower Appellate Court in Crl.A.No.656/2013, by mistake he has
filed the Criminal Revision Petition and therefore, he may be permitted to withdraw the Revision Petition with liberty to file an appeal as against the said order under Section 378(4) of Cr.P.C.
Learned counsel for the petitioner is permitted to withdraw the Revision Petition with liberty to file an appeal.
Sd/JUDGE
DS
1 issue framed by the court
Whether the petitioner is permitted to withdraw the filed Criminal Revision Petition and file an appeal instead.
2 provisions across 1 enactments
M.LOKESH
K. MADHUSUDhana
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
