- 1 - NC: 2025:KHC-K:2144 CRL.RP No. 200040 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL REVISION PETITION NO. 200040 OF 2025 BETWEEN: 1. KOLLAMAYYA S/O CHINNA ISWARAYYA, AGE:32 YEARS, OCC: LORRY DRIVER, R/O. INGAL MANDAL, PAMULAPANDAM, DIST.KARNOOL, (ANDRA PRADESH STATE). 2. SRINIVAS S/O RAMAYYA KANNACHARLA, AGE:23 YEARS, OCC: CLEANER, R/O. ARABALAM MANDAL, KHAMBAM, DIST.PRAKASHAM (A.P). 3. JABIULLA S/O AHMED HUSSAIN, AGE:31 YEARS, OCC: LORRY DRIVER, R/O. H.NO.17/79/1, KOTTAPETHA ATMAKUR, TQ.ATMAKOOR, DIST.KARNOOL (AP). …PETITIONERS (BY MS. AMBIKA ISHWARAJ CHOWDAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SEDAM PS, REPRESENTED BY ADDL. STATE BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2144 CRL.RP No. 200040 of 2025 2. P.S.I SEDAM P.S. (L AND O), TQ.SEDAM, DIST.KALABURAGI …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP) THIS CRL.RP. IS FILED UNDER SECTION 438 OF BNSS PRAYING TO SET ASIDE THE ORDER DATED 14.02.2023 PASSED B THE IV-ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI NOW SITTING AT SEDAM IN CRL. REVISION PETITION NO.30/2020. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Learned counsel for the petitioners submits that the petitioners filed an application under Section 239 of Cr.P.C., before the Trial Court. The Trial Court on hearing the parties and considering the material on record rejected the said application. - 3 - NC: 2025:KHC-K:2144 CRL.RP No. 200040 of 2025 2. Aggrieved by the order of the Trial Court, the petitioners preferred Criminal Revision Petition before the Sessions Court. The Sessions Court on appreciating the material on record upheld the order passed by the Trial Court. 3. Aggrieved by the order passed by the Sessions Court, the petitioners have filed this Criminal Revision Petition. However, the petitioners ought to have filed ‘Criminal Petition’ instead of ‘Criminal Revision Petition’. 4. Learned counsel for the petitioners has filed a memo seeking permission of the Court to convert the ‘Criminal Revision Petition’ into ‘Criminal Petition’ in view of Section 442(5) of Bharatiya Nagarik Suraksha Sanhita, 2023. 5. The memo is taken on record. 6. Registry is directed to convert the ‘Criminal Revision Petition’ into ‘Criminal Petition’ after taking the - 4 - NC: 2025:KHC-K:2144 CRL.RP No. 200040 of 2025 petition copy from the learned counsel for the petitioners within a period of one week from today. For statistical purposes, the Criminal Revision Petition stands disposed of. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 17 CT:PK