Dismissed

Smt Kalaiselvi v. Sri C Pradeep

Karnataka HC10 Jan 2023CRL.RP/29/2023

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a criminal revision petition filed against an order of acquittal as not maintainable, holding that an appeal is the appropriate remedy and directing the time spent be deducted from appeal limitation.

What did the court decide?

Revision petition dismissed as not maintainable; court directed lower court to give certified copies of acquittal order after retaining photocopy.

Smt Kalaiselvi Vs Sri C Pradeep — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

¶2

CRL.RP No. 29 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 10^TH DAY OF JANUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 29 OF 2023

¶7

BETWEEN:

¶8

SMT. KALAISELVI W/O SRI. RATHNAM.S., AGED ABOUT 53 YEARS, NO.25, 15^TH CROSS, 12^TH MAIN ROAD, J.C.NAGAR, KURUBARAHALLI, BENGALURU-560086.

¶9

…PETITIONER (BY SRI. DATTATRAYA M. JOSHI, ADVOCATE)

¶10

AND:

¶11

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶12

SRI. C.PRADEEP S/O SRI. CHANDRAN, AGED MAJOR, PROPRIETOR, M/S JAI GANESH TOURS AND TRAVELS, SHOP NO.19, BESIDE BUS STAND, TP AREA, OPPOSITE SRINIVASA, THIRUPATHI-517501.

¶13

…RESPONDENT

¶14

THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 22.07.2022 IN C.C.NO.18793/2019 ON THE FILE OF THE XIX ACMM, BENGALURU AND DIRECTING THE LOWER COURT TO RESUME THE COMPLAINT OF THE PETITIONER.

¶15

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶16

¶17

CRL.RP No. 29 of 2023

¶18

ORDER

¶19

Office has raised an objection regarding maintainability of this revision petition. It is seen that the revision petition is filed

¶20

against the order acquitting the accused. Therefore, the office objections raised regarding maintainability of this revision petition is up-held in view of the remedy of an appeal available to the petitioner.

¶21

In that view of the matter, this revision petition is dismissed as not maintainable. It is however open for the petitioner to file an appeal before the appropriate Court in accordance with law.

¶22

It is needless to mention that the time consumed in

¶23

pursuing this revision petition shall be deducted while calculating the limitation applicable to an appeal.

¶24

Office is directed to return the certified copies of the impugned judgment of the trial Court after retaining a photocopy of the same.

¶25

Sd/JUDGE

¶26

Smt Kalaiselvi v. Sri C Pradeep

Case brief

What is this about?

What did the court decide?

Smt Kalaiselvi v. Sri C Pradeep

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Mahesh Kumar Vs State by

Sri. R. Kantharaja Vs Sri. P. Nagaraja

Manjunatha a Vs Smt M Shruthi

Shivakumar @ Ramesh Vs State of Karnataka

Sri H K Ramesh Vs Sri B a Srinivas Murthy

Smt Gowramma Vs Smt C Geetha