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2025 DAILYLAW 4670 (KAR)

SRI PRABHAKAR S/O. JAYANTARAO GAYAKWAD v. MAKTUMSAB S/O HAJRATSAB MUGAD

CRL.RP/100110/2025 · 2025-04-03

V Srishananda

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5983 CRL.RP No. 100110 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100110 OF 2025 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI PRABHAKAR S/O. JAYANTARAO GAYAKWAD, AGE: 31 YEARS, OCC. BUSINESS, R/O. MAJJIGUDDA ROAD, NEAR MARUTI TEMPLE, ANNIGERI, DIST. DHARWAD-582201. …PETITIONER (BY SRI ANILKUMAR H. BUDARPUR, ADVOCATE) AND: MAKTUMSAB S/O. HAJRATSAB MUGAD, AGE: 40 YEARS, OCC. BUSINESS, R/O. MORAKAR ONI, ANNIGERI, DHARWAD-582201. …RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT PASSED BY THE APPELLANT COURT IN CRIMINAL APPEAL NO.63/2024 DATED 06.01.2025 PASSED BY THE IV ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD AND THE JUDGMENT OF THE TRIAL COURT IN CC NO.1828/2022 DATED 12.06.2024 BY THE I ADDL.CIVIL JUDGE AND JMFC, DHARWAD MAY BE CONFIRMED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.04.08 11:07:59 +0530 - 2 - NC: 2025:KHC-D:5983 CRL.RP No. 100110 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Office has raised objections with regard to the maintainability of the revision petition. Perused the records. Accused was convicted in CC No.1828/2022, has filed an appeal in Crl.A.No.63/2024 and the Judge in the First Appellate Court set aside the order of conviction and acquitted the accused. Against such order of acquittal, appeal lies and therefore, revision petition is not maintainable. Reserving the liberty for the petitioner to file an appeal, present revision petition is dismissed as not maintainable. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 2 Sl No.: 5