Complainant's revision against appellate court's remand of a conviction order for re-examination of Ex.P9. High Court held appellate courts should not remit criminal matters and must decide appeals on merits; set aside the remand order and directed disposal of the appeal by a deadline.
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NC: 2024:KHC:45361 CRL.RP No. 366 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.366 OF 2022
BETWEEN:
SRI. ASWATHAIAH, S/O NARASAPPA, AGED ABOUT 57 YEARS, R/A SUHAS NILAYA, VIDHYAVAHINI COLLEGE ROAD, 2ND BLOCK, 3RD MAIN ROAD KUVEMPU NAGARA, TUMAKURU - 572 103.
…PETITIONER
(BY SRI. M.B. CHANDRACHOOD, ADVOCATE) AND:
SRI. NAGESH N, S/O NARAYANAPPA, Digitally AGED MAJOR, signed by MALATESH R/AT BHAGYA NAGARA, K C BELAGUMBA ROAD, Location: TUMAKURU - 572 104. HIGH COURT OF …RESPONDENT KARNATAKA (BY SRI. VIDHYASAGAR, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.11.2021 PASSED IN CRL.A.NO.45/2019 ON THE FILE OF VI ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMAKURU AND IN CONFIRM THE ORDER DATED 08.07.2019 PASSED IN C.C.NO.6253/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AS TUMKURU.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Chandrachood for the revision petitioner and the learned counsel Sri. Vidhyasagar appearing for Sri. Kemparaju for the respondent.
NC: 2024:KHC:45361 CRL.RP No. 366 of 2022
the validity of Ex.P9, thereunder the complainant has stated that he has financial capacity to lend the money.
that too in criminal proceedings by the Appellate Court should be used very sparingly to meet the ends of justice.
this Court and set-aside the Order of the First Appellate Court. Hence, the following Order:
ORDER
Appellate Court remitting the matter to the Trial Court is hereby set-aside.
Sd/(V SRISHANANDA) JUDGE
SNC List No.: 2 Sl No.: 79 CT: BHK
1 issue framed by the court
Whether the First Appellate Court could remit the matter to the Trial Court to re-examine the evidentiary value of Ex.P9 instead of deciding the appeal on merits.
1 provisions across 1 enactments
Sri. Aswathaiah
Sri. Nagesh N
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
