Dismissed¶¶24

G.Sharaschandra v. Chandrashekar

Karnataka HC5 Jan 2026CRL.RP/1934/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru, 05.01.2026 (S Vishwajith Shetty J): CRL.RP No.1934/2025 by G. Sharaschandra seeking set-aside of acquittal of respondent Chandrashekar in Crl.A.No.1977/2024 (LII Addl City Civil and Sessions Judge, 06.11.2025) and confirmation of conviction in C.C.No.3007/2023 (XXIII Addl CJM, 28.10.2024); dismissed as not maintainable — revision under S.438 BNSS improper against acquittal, appeal under S.419(4) BNSS, 2023 required; liberty to file appeal; certified copies returned.

What did the court decide?

Liberty to the petitioner to file an appeal in accordance with law; Registry directed to return certified copy of the documents to learned counsel for the petitioner after retaining a photocopy of the same. ¶¶24

G.Sharaschandra Vs Chandrashekar — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:209 CRL.RP No. 1934 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JANUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1934 OF 2025

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BETWEEN:

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G. SHARASCHANDRA S/O LATE K.H. GOVINDARAJU AGED ABOUT 58 YEARS R/AT NO.43-E, 14TH MAIN ROAD VIJAYANAGAR, BENGALURU - 560 040.

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…PETITIONER

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(BY SRI RAVINDRA B.S, ADV.-ABSENT)

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AND:

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CHANDRASHEKAR S/O LATE ANJANAPPA AGED ABOUT 62 YEARS R/AT NO.428, 13TH MAIN ROAD OPP VIJAYANAGARA POST OFFICE VIJAYANAGAR, BANGALORE - 40.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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…RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.11.2025 PASSED BY THE LII ADDL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY IN CRL.A.NO.1977/2024 AND CONFIRM JUDGMENT AND ORDER DATED 28.10.2024 PASSED IN C.C.NO.3007/2023 BY THE XXIII ADDL CJM BENGALURU CITY AGAINST RESPONDENT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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NC: 2026:KHC:209 CRL.RP No. 1934 of 2025

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HC-KAR

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ORAL ORDER

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Matter called thrice. There is no representation on behalf of the petitioner.

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Registry has raised an office objection with regard to maintainability of this Criminal Revision Petition filed under Section 438 of BNSS, 2023.

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Perusal of the material on record would go to show that respondent/accused, who was convicted by the Trial Court in CC No.3007/2023 was acquitted by the Appellate Court in Crl.A.No.1977/2024 disposed off on 06.11.2025. As against the judgment and order of acquittal passed in Crl.A.No.1977/2024 by the Appellate Court, the petitioner ought to have filed an appeal as provided under Section 419 (4) of BNSS, 2023 and therefore, the Registry is justified in raising an office objection with regard to maintainability of this Criminal Revision Petition. According, the following order:-

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