- 1 - HC-KAR NC: 2025:KHC:21162 CRL.A No. 466 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 466 OF 2024 BETWEEN: SRI DYAMANNA D., S/O DYAMUNA, AGED ABOUT 44 YEARS, R/AT BASAVANAPALYA, SIRA GATE, OPP. GOVT SCHOOL, TUMKURU 572 117. …APPELLANT (BY SRI MANJUNATH M.R., ADVOCATE) AND: SRI NARASIMHAMURTHY C., S/O LATE CHANDRAPPA, AGED ABOUT 40 YEARS, R/AT CHANNAVEERANAHALLI VILLAGE, KADALAPPANAHALLI POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT- 561 204. ALSO AT TALUK LICENSE SURVEYOR, TAHASILDAR OFFICE, CHIKKABALLAPURA TOWN & TALUK, CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENT (BY SRI JAGAN MOHAN M.T., ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR NON PROSECUTION DATED 23.06.2023 PASSED BY III ADDITIONAL CIVIL JUDGE AND JMFC TUMAKURU DISTRICT IN C.C.NO.4355/2018 AND ETC., Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21162 CRL.A No. 466 of 2024 THIS APPEAL IS COMING ON FOR HEARING ON I.A., THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT 1. This Criminal Appeal is filed by the appellant seeking to set aside the order of dismissal for non-prosecution dated 23.06.2023 in C.C.No.4355/2018 passed by the III Additional Civil Judge and JMFC, Tumkur. 2. As against dismissal order in C.C.No.4355/2018, the appellant ought to have filed a Criminal Petition under Section 482 of Code of Criminal Procedure (for short ‘Cr.P.C.’). However, inadvertently, the appellant has filed this criminal appeal, which is not maintainable. 3. In exercise of power vested under Section 401(5) of Cr.P.C, the Registry is directed to convert this Criminal Appeal into Criminal Petition under Section 482 of Cr.P.C. 4. Learned counsel for the appellant is directed to amend the provisions accordingly and file the criminal petition within a period of two weeks from today. - 3 - HC-KAR NC: 2025:KHC:21162 CRL.A No. 466 of 2024 5. For statistical purpose, this criminal appeal stands disposed of, accordingly. Registry is directed to post this case before the appropriate Bench having roster. SD/- (S RACHAIAH) JUDGE AV List No.: 1 Sl No.: 66